Joinder x Infinity
What does R20 tell Pl?
Which parties she MAY join as co-plaintiffs and as co-defendants
Under R20(a)(1) for Pl's > persons may join in one action as plaintiff's if:
A) S- T/O
B) AQ - LOF
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 OR
B) Any Q of law or fact common to ALL plaintiffs will arise in the action
Identifying R14 parties > The person served with the summons and third party complaint (the third party defendant) - has to do what?
A) MA - ADA - TPP -CUR12
B) MA- ACA - TPP - U13A - MA- ACA - TPP - U13B - OAC - AA TPD - U13G
C) MA - ATP - AD - TPP - HT - PC &
D) MAA - AP - AC- AOO - TOOT - ISM - OPC - ATPP
A) Must assert ANY defense against the third party plaintiff's claim under R12
B) Must assert ANY counterclaim against 3rd party plaintiff under R13(a) and May assert ANY counterclaim against 3rd party plaintiff under R13(b) or any Crossclaim against another third party Def under R13(g)
C) May assert against plaintiff any defense that the third party plaintiff has to the plaintiff's claim AND
D) May also assert against the plaintiff ANY claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against 3rd party plaintiff
What does R19 tell Plaintiff?
Which parties she MUST join as co-plaintiffs and co-defendants
Under R20(a)(2) for Def's > persons as well as cargo or other property subject to admiralty process - MAY be joined in one action as defendants if:
A) S- T/O
B) AQ- OLOF
A) Any right to relief is asserted against them jointly, severally, or in the alternative w/ respect to or arising out of the same transaction, occurrence or series of transactions or occurrences AND
B) Any Q of law or fact common to all def's
What are the 3 Types of Prejudice under R19?
1) Prejudice to the Plaintiff, who can't get relief
2) Prejudice to the nonparty
3) Prejudice to the Def
What does R14 allow Def to do?
Note > The Impleader
To join a party who MAY be liable to Def for ALL or Part of Plaintiff's claim against Def.
What does the same transaction or occurrence (or series) test require?
Are there essential facts that logically connect the two claims
What does R24 allow a nonparty to do?
Nonparty has a right to join or intervene in the lawsuit
What is required of the common question test?
Identify a common contention of law and fact that ALL parties share.
Note > Only need to identify one common Q of law and fact central to ALL the claims.
Important to know on the exam
Apply Same T/O and Common Q tests together for full credit