MODERN COMPLEX LITIGATION
Modern Complex Litigation 2nd Edition
Jay Tidmarsh & Roger H. Trangsrud
I. JOINDER RULES
Restrictions on federal jurisdiction
Still subject to personal jurisdiction
Joinder of Claims
the parties can add all the claims to one cause of action, even if unrelated
Have the rules for joinder have been met?
Does the claim have appropriate federal jurisdiction on its own?
Permits and in some cases requires a party to respond to a claim with his or her own claim.
Compulsory counterclaim will be required if it arises from the same nucleus of operative fact as the original claim (if you don’t raise it now, you don’t have the cause of action ever again). If it is not compulsory, it is permissive.
There are 2 Ds. A cross claim allows one D to sue the other D. It has to be the same transaction or occurrence as the original suit.
Allows the Ps to join together as long as the claims of all the P’s arise from the same transaction or occurrence.
Someone’s interest is affected OR complete relief is not available unless the other party is there.
** Will not be tested
Impleader or Third Party Defendant
This allows a defending party to bring in a third party that they think may be liable for all or part of a claim.
You can intervene in a case because your interests are not being represented by the parties of the lawsuit.
Misjoinder and nonjoinder of parties
Gives the courts the discretion to
Add necessary parties
RULE 20. Permissive / Voluntary Joinder of Parties
(a) Persons Who May Join or Be Joined.
(1) Plaintiffs. -Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action.
(2) Defendants. – Persons — as well as a vessel, cargo, or other property subject to admiralty process in rem — may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.
(3) Extent of Relief you can ask for different amounts & types of damages from each party
(b) Protective Measures.-The court may issue orders — including an order for separate trials — to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.
Mosley v. General Motors- upheld the joinder of race discrimination claims by 10 employees from 2 different divisions of Gen. Motors because of their logical relationship and the nature of the company wide policy of discrimination.
· The remedy for misjoinder under Rule 21 is not to dismiss the action, but to drop or add parties by order of the court or to sever and proceed with claims separately.
· Even if joinder is permissible under Rule 20, it could create problems with federal court jurisdiction when jurisdiction is based on diversity on citizenship
RULE 18 (a)- Joinder of Claims In General
A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. Need not be related, but those that are not related must have their own jurisdictional hook.
Cross claims v. Counter claims- (these both work interest of fairness, economy, efficiency)
Cross claims- between 2 parties that are
One the same side of the v
Who were brought into the suit initially
Counter claims- between 2 parties that are
Across the v
who were brought into the suit initially
RULE 13. Counterclaim and Crossclaim
(a) Compulsory Counterclaim.
(1) In General. – A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.
(b) Permissive Counterclaims- A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
(g) Crossclaim Against a Coparty.- A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
(h) Joining Additional Parties.- Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
RULE 14. Third-Party Practice
(a) When a Defending Party May Bring in a Third Party.
(1) Timing of the Summons and Complaint.- A defending party may, as third-party
ourts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $ 500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $ 500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $ 500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of section 1332 of this title [28 USCS § 1332], are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. (b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.
– In other words …
(1) $500 or +
(2) 2 or + adverse claimants, of Diverse Citizenship
– Overcomes Subject-Matter Jurisdiction & Personal Jurisdiction- U.S. Constitution Article III § 2 (Fed. Question Jurisdiction) = “Judicial power shall extend to controversies between citizens of difference states”
28 U.S.C. § 1397. Interpleader “Any civil action of interpleader or in the nature of interpleader under section 1335 of this title [28 USCS § 1335] may be brought in the judicial district in which one or more of the claimants reside.”