Joinder
Impleader
(Third-Party Complaint) Rule 14 -D becomes third-party Plaintiff against a part "derivatively liable to D for all or part of the Plaintiff's main claim recovery" -D cannot recover from third-party unless plaintiff recovers -needs Personal +SMJx over third-party D: 14 days to establish and does not effect original jx
(1) Permissive Intervention
- court uses its discretion -intervention in diversity cases must independently meet SMJx (no supplemental jx) and it cannot defeat diversity can be authorized when: 1. a person has a claim or defense that shares the main action's common law or fact 2. would not delay the resolution of the case 3. would not require reopening of discovery 4. motion was brought in a timely manner 5. authorized by federal statute
(2) Statutory Interpleader
1. Allows person holding property (stakeholder) claimed by 2+ claimants to interplay those claimants 2. Pjx established 3. Property or Money is deposited with the court 4. Diversity is satisfied if: a. claimants are citizens of different states b. amount in controversy if $500 plus 5. action is brought in any district in which any claimant resides
Basic Types of Joinder Claims (usually brought by defendant)
1. Counter Claim (by defendant) a. Permissive, or b. compulsory (arises out of same transaction or occurrence and does not requiring joining of party over which the court does not have PJx) 2. Cross Claim: (codefendants suing each other) 3. Third-Party Complaint (Impleader): - D sues another person not party to original complaint but liable to D under the same transaction or occurance
(1) Rule Interpleader
1. Persons with claims that may bring about multiple liability against Plaintiff regardless of whether (p denies liability or claims lack of common origin of claims) 2. needs to be completely diverse 3. plaintiff (stakeholder) brings the interpleader defendants 4. Personal Jx must be established 5. No requirement to deposit money or property with the court
Joinder by Defendants
Can bring: 1. permissive counter-claim 2. compulsory counterclaim 3. cross claim 4. implead a third-party defendant
(2) Intervention as a Right
Can intervene if: a. a statute authorizes party to do so b. conditions are met: 1. motion is timely 2. person's interest would be impaired/impeded if not allowed to intervene 3. the existing parties do not adequately represent them 4. the claim is related to the subject of the action
Joinder by Plaintiffs
Can: -Join claims against opposing party even if unrelated - Join other Ps if the P asserts any right to relief out of the same transaction or occurrence and those Ps share a common question of law or fact
Interpleader
Interpleader: persons with claims exposing Plaintiff to double/multiple liability may be joined as Ds and required to interplead Two types: 1. Rule Interpleader 2. Statutory Interpleader
Permissive Joinder
Joinder as P or D permissible if right to relief: 1. arises out of same transaction or occurrence, and 2. there is a common question of law or fact
Intervention
Not brought by pre-existing parties but rather "Non-parties" who want to intervene Two types: 1. Permissive Intervention 2. Intervention as a Right
Required Joinder (when is it required)
Rule 19 Joinder is Required when: A person who is subject to service of process and whose joiner will not defeat SMJx (diversity) must be joined if: 1. they have some connection of joint obligations/ liability, joint owner, or claimants of a limited pool of assets 2. absence of there joinder = no complete relief 3. person claims and interest and absence would a. impede their ability to protect their interest or b. leave existing parties subject to incurring double or multiple obligations
Required Joinder Not Feasible When
court looks at these factors when it is not feasible for a required party to join: 1. the extent to which judgment in their absence would prejudice that person 2. how prejudice could be avoided: a. protective provisions b. shaping relief c. adequate judgment d. adequate remedy for p 3. Failure to join can cause dismissal
