Counterclaims and Crossclaims
What is a compulsory counterclaim? Bonus points (+200) if you know the test.
R.13(a)(1)(A) same t/o as the opposing party's claim.
1. Overlapping issue?
2. Res judicata?
3. Overlapping evidence?
4. Logical relationship?
What rule governs required parties?
R.19
What is impleader?
Allows a defendant to expand a lawsuit by asserting a claim of its own against a person who was not made a party by the plaintiff.
When can you join a claim?
R.18(a) allows a plaintiff to assert any claim she has against an opponent (related or unrelated).
What are the three steps for the class action process?
1. ascertainable
2. R23(a) general requirements
3. R23(b) type of class
What is a permissive counterclaim?
Unrelated to the opposing party's claims
What is the three part test for required parties?
1. Should they be joined?
2. Is it feasible?
3. factor test
What are the types of impleader?
1. contribution-- they contributed to the injury
2. indemnification-- full reimbursement for any judgment the defendant incurs to the plaintiff.
When can you join a party?
R.20(a)
1. same t/o
2. common question of law or fact
What are the R.23(a) can't requirements
1. Commonality
2. Adequacy
3. Numerosity
4. Typicality
What happens if you fail to assert a compulsory counterclaim?
Waived
King v. Blanton
What does feasible mean?
Does the court have JX over this party
What are the two types of intervention?
1. Intervenors as a matter of right
2. Permissive intervenors
What are the two types of interpleader?
1. 28 USC 1335(a)
2. R.22
What are the three classes? Do you have to provide notice?
1. Prejudice
2. Injunctive relief
3. Damages-- notice
When can you state a crossclaim?
same t/o
How do you determine if a party should be joined?
1. absent the party, complete relief?
2. the person's absence may (a) impair or impede the person's ability to protect that interest (b) substantial risk of inconsistent obligations
Torrington Co. v. Yost
How do you prove permissive intervenors?
1. common question of law or fact
2. will not unduly delay or prejudice the adjudication of the original parties' rights
What are the requirements for R.22 interpleader?
1. AIC > $75k
2. Complete diversity
What are the CAFA requirements?
1. at least 100 people
2. >$5 million
3. at least one member is a citizen of a state different from any defendant
Are crossclaims waivable?
No
R.13(g) states "may"
What are the four factors for step three?
1. risk of prejudice
2. ways to lessen the prejudice
3. adequate judgment?
4. can they seek relief elsewhere?
How do you prove intervenors as a matter of right?
1. timely
2. interest relating to the action
3. impair or impede
4. UNLESS existing parties adequately represent that interest.
What are the requirements for statutory interpleader?
1. $500 or more
2. minimal diversity
3. bond
How involved is the court in a class action suit?
Very!
- notice to the court
- certifies class
- certifies settlement
- hearings for attorney fees