Civ Pro II - Complex Joinder By/Against 3rd Parties (Minority kids vs. School District)

Rule 14(a): Impleader

Defendant may, as third party plaintiff, join third party defendant any non-party who is or may be liable to defendant for all or part of claim against defendant. 

• The highlighted words are connected to "contribution" or "indemnity". 

Rule 22: Interpleader

Interpleader is permitted if separate claims by Claimants may expose plaintiff or defendants to D/M/I liability. 

• Idea: if we join everyone together, we can resolve the issue – whereas if we let everyone go to their own party, it would cause DMI. 

• Nominal plaintiff (stakeholder) is suing as nominal defendant's all claimants to stake (StateFarm) 

• What's a stake?: any scarce asset (money or property) of which there isn't enough to go around if all Claimants prevail. 

• Who’s a stakeholder?: Person in possession of scarce asset (money or property). 

Rule 22: Interpleader - Statutory expansion interpleader = allows Rule 22 to do more work 

1. Amount in controversy > $500 

2. Minimal diversity OK as long as 2 claimants are diverse. 

3. Nationwide services of process permitted (expands diversity, no matter where a claimant is, can be served, and process will be applicable to them regardless of minimal contacts). 

4. Injunctive relief available against related lawsuits (requires everyone who is at different parties must come to one party). 

• Analysis Examples: 

  • By D: claimants will argue their separate claims may not expose plaintiff or defendants to D/M/I liability because: 

    • $20k policy not established as sole asset. (D greyhound owns many buses) 

    • Not all claimants may prevail. 

  • By P: But State Farm will counter Claimaints' separate claims may expose plaintiff or defendants to D/M/I liability because: 

    • No D has denied $20k policy is sole asset (greyhound may lease buses) 

      • The test is: may expose 

  • Next, you must explain statutory expansion 

Rule 24: Intervention - Types of Intervention - someone who's not in the case but wants to be joined 

1. By permission 

2. By right 

   • Conferred by statute OR conferred by applicant if (requirements): 

     1. Has interest in outcome 

        • Interest is broad. It can be political or something else 

     2. That would be impaired/impeded 

        • Same idea as 19(a) 

     3. And inadequately protected by parties present 

        • There is inadequate representation