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Definition
Indespensible party can only join if it is feasible.
With respect to present parties it will be available if:
(1) the court cant grant complete relief among the existing parties,
(2) the absence would create a significant risk of exposure to double or inconsistent obligations to existing parties, or
(3) with respect to missing party it would impair their ability to adequately protect their interests. |
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Definition
If you are unable to join a party the case can still be heard if the court can shape relief to do partial justice.
There are four factos to be considered:
(1) Extent of prejudice to parties or non-party,
(2) Can lessen prejudice,
(3) whether judgment is adequate as is, and
(4) whether the plaintiff has an adequate remedy elsewhere. |
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| The test for rule 20(a), permisive joinder, is: (1) same transaction or occurrence, and (2) common question of law or fact. |
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Term
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(1) majority view is the "logical relationship" test
(2) Minority view is the "same evidence" test |
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Term
| Logical Relationship Test |
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| The claims logically relate from the same "aggregate of operative facts" in that the same operative facts serve as the basis for both claims. |
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Term
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Definition
If counterclaim is same transaction or occurrence, it is compulsory.
A pleading must state as a counterclaim any claim that, at the time of service, the pleader has against an opposing party if the claim:
(1) arises out of the same T/O, and
(2) doe snot require adding a party over whom the court cannot acquire jurisdiction. |
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Definition
| If a co party does file a crossclaim, then you becom an adverse party, thus mandatory counterclaim will apply. |
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Definition
| A defendant may, as a third party practice, serve a summons and complaint o a non-party who is or may be derivatively liable to defendant for all or part of the claim against it within 14 dys or otherwise with leave of the court. |
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Term
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Definition
The Court must permit anyone to intervene who:
(1) is given that right by statute, or
has a right or an interest in the subject matter of the suit that will be impaired without his presence, unless exiting parties adequately represent the interest.
Three factors in determining whether the present party adequately represents your interest:
(1) the amount at stake,
(2) ability and resources of the party, and
(3) any conflict of interests. |
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Term
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Definition
You can get SMJ in three ways:
(1) federal question,
(2) diversity (plus $75,000), and
(3) Supplemental. |
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Term
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Definition
- A case of original jurisdiction, a federal court shall exercise Supplemental Jurisdiction over a claim so related that they for part of the same case or controversy.
- Same case or controversy means that the two claims derive from a common nucleus of operative facts and are such a nature that they would ordinarily be expected to try them all in one judicial proceeding (United Mine Workers).
- In a case based soley on diversity, plaintiff cannot add any party that would defeat complete diversity or raise any claims against a party added by a defendant that would defeat complete diversity (1367(b)).
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