Chapter 12-14 (Themis)

Joinder

A way to add claims and/or parties to a single lawsuit in federal court

Claim Joinder

Party may join as many claims as it has against an adversary regardless of whether there is any connection between those joined claims (assuming there is jurisdiction)

Party Joinder

Party may join parties to a lawsuit if the claims involving those parties derive from the same transaction or occurrence of the same series of transactions or occurrences

Counterclaims

A claim for relief made against an opposing party after an original claim has been made. Most are filed by the defendants against plaintiffs

• counterclaims and joiner often tested involving federal supplemental jurisdiction

The court will have supplemental jurisdiction over _____ and _______

Cross-claims, compulsory counterclaims

Permissive counterclaim

A counterclaim that does not derive from he same transaction or occurrence as the plaintiff’s claim

Compulsory Counterclaim

Counterclaim does derive from the same transaction or occurrence as the plaintiff’s claim

• defendant must file claim as counterclaim in the action filed against it and may not file in a later, separate independent action

Crossclaims

A claim brought by one party against another party on the same side of a legal action

• it may be filed against an existing co-party if it derives from the same transaction or occurrence that is the subject of the action

Impleader

Defendant may bring new claim against new third party if that new party party may liable to the defendant for all (indemnity) or party (contribution) of the defendant’s same liability to the plaintiff

Interpleader

Holder of a common fund may file a lawsuit against all of the rival claimants to its common fund

• forces all claimants into a single lawsuit because plaintiff does not want to be exposed to multiple liability or inconsistency

Under traditional interpleader diversity, there must be:

Complete diversity and the amount must exceed $75,000

Under statutory interpleader diversity, there must be

Minimal diversity (any two rival claimants are from different states) and $500 is sufficient

Joinder Intervention

Act of a nonparty seeking to become a party in an ongoing lawsuit by filing a motion to intervene

As if right intervention

Intervenor nonparty has the right to intervene if it has an interest in the lawsuit which would be adversely affected and not protected by the parties

Permissive Intervention

Federal judge has discretion to permit intervention if the intervenor nonparty can show a commonality of issues between those in the ongoing lawsuit and those affecting the intervenor

Indispensable Parties

Nonparty who must be joined to a lawsuit if its absence would be unduly prejudicial to any party’s right to a full and fair adjudication

What if nonparty cannot be joined due to lack of SMJ over that nonparty’s claim, then the court must

• decide in equity and good conscious whether

  • Continue without the nonparty and risk of prejudice; or

  • Dismiss the entire lawsuit for failure to join an indispensable party