JOINDER OF CLAIMS AND PARTIES
This case determined when a party should be joined if feasible, under the guidance and scope of Rule 19(b).
What is: Provident Tradesmen Bank v. Patterson.
Persons may join as plaintiffs(or be joined as defendants) if claims arise out of the same transaction, occurrence or series of transaction/occurrences AND there is at least one common question of law or fact.
What is rule 20(a)(1) Permissive Joinder of Parties
Name the distinction between 23(a)(2) and 23(b)(3)
23(a)(2): is a threshold requirement. The common questions of law or fact that is applied to the class.
23(b)(3): is a higher standard and the common question must predominate over individual ones.
-The key is common answers NOT common questions.
This is the rule for the scope of discovery
-List the requirements
26(b)(1)
-Nonprivileged information
-Must be relevant to the party's claim
-Must be proportional to the needs of the case.
case based on a plaintiff that sued a ddefendant on an unsettled promissary note. Defendant answered the complaint but did not show up to the date of the trial.
-Holding
Coulas v. smith
The court held that if the defendant pleas on the merit of the case but does not show up at trial the judgement entered against them is not a default judgement.
A person must be joined if complete relief cannot be given w/o them, or if they claim an interest that may be impaired or that may expose and existing party to inconsistent obligation.
What is Rule 19(a)
This case arose out of a discrimination claim against a Motor company w/different allegations of discrimination.
-The court held that rule 20(a) allows permissive joinder if the claims arise out of the same transaction/occurrence.
Mosley v. General Motors Corp.
This is listed as a prejudice class action and authorizes a class from which members cannot exit in order to avoid prejudice that could result from the pursuit of individual lawsuits.
23(b)(1)
List the product discovery factors from Fasset v. Sears
1) Functionality of the alternative design
2) Safety testing performed on the alternative design
3) interchangeability of the alternative design with the product at issue.
4)technical knowledge and development of the alternative design.
The court shall grant a summary judgement if the movant shows that there is no genuine dispute to a material fact and the movant is entitled to a judgement as a matter of law.
Rule 56 Summary judgement
This test determines when a party should be added to a lawsuit or be dismissed entirely:
what is:the equity and good conscious test.
A defending party may bring in a non-party who may be liable to it for all or part of the plaintiffs claim against it.
Rule 14 Impleader
These are prerequisites to a lawsuit such as numerosity, commonality, typicality, adequacy
Rule 23(a)
A person who expects to be a party cannot presently bring suit may petition the court to perpetuate testimony.
This is limited to preserving testimony at risk of being lost, not general pre-suit discovery.
27(a) depositions to perpetuate testimony.
Plaintiff sued a group of asbestos manufacturers claiming that her man died from asbestos.
Holding:
Celotex v. Catrett
Name the four factors of the equity and good conscious test:
1) Prejudice to the absent and existing parties
2)Ability to lessen prejudice
3) Adequacy of judgement from the court
4) Adequacy of remedy for plaintiff if case is dismissed.
a stakeholder may force rival claimants to litigate their claims to the same property or fund among themselves.
Rule 22 Interpleader
This action seeks to change the defendants conduct prospectively rather than to provide individual compensation for past harms. Defendant's conduct need only apply generally to the class.
Injunctive and Declaratory Relief-Rule 23(b)(2)
Plaintiff sued a department store chain for product liability after being injured by a gasoline spraying lawnmower.
What was the holding and outcome?
-Fasset v. Sears Holding Corp
-Court placed limits on alternative discovery and considered four factors that determine if particular discovery is needed in a case.
When a party against whom affirmitice relief is sought has failed to plead or defend, that failure is shown in an affidavit or otherwise, the clerk must enter the party's default.
55(a)
-Name each type of claim, and what it's for and rule number
What is FRCP 13
compulsory claim 13(a)-Claim against an opposing party must come from the same transaction/occurrence. Must be asserted or is waived.
permissive claim 13(b) -Claim against an opposing party, optional, does not have to come from the same transaction/occurrence.
cross claim 13(g)-Claim against a co-party, must come from the same transaction/occurrence.
This case had to do with a greyhound bus accident and truck driver that determined the rules of interpleader and how it can function in mass tort cases among plaintiffs.
State Farm Fire and Casualty Co. V Tashire
The court held that class certification under federal rules of civil procedure 23(a) is improper if there is no common injury that may resolve across the entire class.
-Discrimination class suit on gender discrimination.
Wal-Mart Stores Inc. v. Dukes
A tugboat sank and resulted in the death of five crew members. An opposing attorney requested access to the opposing work product
Case and outcome?
Hickman v. Taylor
-Disclosure of work product would unfairly benefit unprepared attorneys and established work product limitations in discovery.
if the claim is for a sum that can be made by computation, (on request of the plaintiff by affadavit) must enter judgement for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor incompetent.
55(b)(1) By the Clerk