Big Analysis to find out whether you can/have to be in this ct:
Figure out the means (the rule) that a party is using to bring another into ct., then determine whether other criteria (Svc., SMJ, PJ, Venue) are met.
I. HOW DID I GET INTO THIS MESS?
A) JOINDER: Ifthey’re alleging multiple claims against me or I’m not an orig. party . . .
i) FRCP 18: Joinder of Claims
a) Party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as that party has against an opposing party.
1) Must have SMJ.
→If nec., use Supp. Jur. (§ 1367) to get these in.
13→a) Counterclaims (against someone on opposite side of v.)
1) Compulsory: c/a arises out of same CNOF.
Use it or lose it.
2) Permissive: c/a does not arise out of same CNOF.
May be brought at later time.
b) Cross-claims (against someone on same side of v.)
1) Permissive
BUT, must arise out of same CNOF.
ii) FRCPs 19, 20, 24, 14: Joinder of Parties
19→a) Compulsory Joinder
1) Person must be joined (so long as joinder will not destroy diversity) if:
A) Ct. cannot otherwise accord comp. relief to existing parties;
OR
B) Person holds an interest relating to the issue and adjudicating the claim w/out that party would
i) impair the person’s ability to protect the interest
OR
ii) leave them subject to a risk of multiple or
inconsistent obligations.
2) If such person has not been joined already, then ct. must order.
Unless: impossible to serve, or SMJ, PJ & venue are not met.
b) If joinder is not feasible: Ct. has discretion to decide whether to proceed or dismiss.
Factors Test:
1) extent to which judgment would ‘prejudice’ parties or person;
2) whether prejudice can be mitigated by
A) protective provisions in the judgment;
B) shaping relief;
C) other measures;
3) whether judgment would be adequate;
4) whether ∏ has another forum if dismissed.
20→Permissive Joinder
a)Persons may be joined as ∏s or ∆s if
1) c/a arises out of same series of events (CNOF)
AND
2) common question of law or fact will be decided.
24→Intervention (non-parties seeking to get in)
a) of Right—ct. must permit if person
1) is given unconditional right via fed. statute
OR
2) claims an interest and adjudicating will impair person’s ability to protect their interest (would not apply if existing parties already adequately represent that interest).
b) Permissive–@ ct’s. discretion. If motion is timely, ct. may allow for
1) Person’s given a conditional right via fed. statute;
OR
2) Claim/defense shares a common ques. of law or fact.
14→3rd Parties (used by ∆s)
a) ∆s may bring in 3rd party ∆s on motion b4 ct. if 3rd party is derivatively liable for claim being asserted against orig. ∆ (there is a legit. c/a against 3rd party, related to orig. claim).
*Not sufficient to allege indemnification.
*Does not req. motion if 3rd party is served w/in 10 days of orig. ∆ serving their answer to orig. ∏
22→Interpleader
Only used in cases like ins. claims—where there may be more than one party entitled to an award, and ∆ does not want to be held doubly liable. ∆ may ‘implead’ multiple parties to put the issue b4 the ct. and let ct. decide.
*May also use § 1335a depending on c/a. Different diversity reqs. for each.
B) SERVICE of PROCESS: How did I find out?
i) FRCP 4
a1: A summons must . . .
c: Service.
1: Must be served along w/copy of complt.
2: By any person, not a party, at least 18.
d: Waiving Service.
1: ∏ may notify ∆ that suit has been filed & req. waiver. ∆ has duty to avoid expenses of svc.
A: In writing, addressed to ∆;
B: Name court;
~
E: Dated;
F: Give @ least 30 days to return.
2: If ∆ fails to waive w/out good cause, ct. must impose $$ of svc. & related fees.
3: If ∆ returns on time, then they have 60 days from time req. sent to answer.
e: Serving an Indiv: Anyone except minor, incomp. or ∆ who waived, may be served:
1: Following state law where dist. ct. is located OR svc. is made;
OR
2: Any of the following:
A: Personal svc. (always sufficient);
B: Abode svc.—Leaving copy at ∆’s usual place of dwelling w/resident of suitable age & discretion;
“The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the U.S., and treaties made, or which shall be made, under their authority. . .”
A) Merely req’s. a federal ‘ingredient’ in the claim.
B) Provides authority not only for dist. cts., but also for appellate review w/in circuit cts. and Sup. Ct.
There is no material diff. btwn. Art. III & § 1331.
ii) § 1331 (narrow interpretation)
Dist. Cts. shall have orig. jurisdiction in all civil actions arising under the Constitution, laws of the US, and Treaties.
A) Fed. Q. is present when there is a Substantial Federal Interest.
1) Substantial: right to relief depends on interp. of fed. law AND relevant statute does not create or imply a c/a.
a) Factors to determine if fed. c/a may be created:
i) Πs are not part of the class for whose
special benefit statute was passed;
ii) Legislative intent reveals no intent to bar a
private c/a;
iii) Fed. c/a would not adversely affect underlying
purposes of the statute; and
iv) Respondents’ c/a is not a subj. traditionally
referred to state law.
B) Well Pleaded Complaint Rule [Mottley] Test for ‘arising under’ in state law claim (state c/a) that seems to involve some sort of fed. law issue too
A suit arises under the Const., laws or treaties of the U.S. only when the ∏’s complaint shows that his c/a is based upon those laws. (Claim must be dependent on FQ; fed. law is ‘source’ for c/a).
It is not sufficient for ∏ to allege that an anticipated defense is unconstitutional; or for a ∏ to present a counterargument to a defense, based on fed. law.
1) Policy: Administrability (efficiency); prevents flood of litigation; even tho it appears to frustrate consistency in applying fed. law, it does promote consistency in fed. proc; honors sovereignty of states by allowing keeping most cases in state ct. and allowing state to interpret fed. law.
* Alternative is to litigate most of the case b4 you find out how much involves FQ.
iii) 28 USC § 1257 (certiorari)
Final judgments rendered by the highest court of the state may be reviewedby SCOTUS where the constitutionality of fed. or state law is drawn into question.
2) Diversity: (*always a state law claim)
a) Bases for DJ
Art. III § 2
Judicial power extends to cases
· in which U.S. is a party;
· btwn. 2 or more states;
· btwn. citizens of diff. states;
· btwn. a state (or citizens thereof) and foreign states, citizens or subjects.
i) Exceptions: divorce, alimony, child custody, estates.
§ 1332
a)Req’s Amount In Controversy (AIC) to be met for diversity cases.
*Measured at the time the complt. is filed.
i. AIC must be
A) > 75K
B) pled in good faith and w/legal certainty on facts of complt.
