Rule 18: Joinder of Claims
What is rule 18 generally called, and why?
Stacker rule - Because you can stack claims together
What is a counterclaim? What is a cross claim?
Counter - D counter sues plaintiff (Across the V)
Cross - One D sues another D (Same side of V)
What does rule 20 (a) state?
May join in one action as Plaintiff if:
(a) Assert Right to relief arises out pf same T/O or series of T/Os
Reminder: Still have 3 crowns
What does 12(b)(7) Say?
Failure to join a party in the lawsuit. They were required.
How should Supreme Court construe Joinder problems if they are a close call?
Liberally - Allow it
What does rule 18(a) state about joinder?
May join as ind. or alternative all claims "Can bring them all together."
What is rule 13 (1)(a)(b)? (Hint: Counter)
Compulsory (Required) - (a) Arises out of the same transaction or occurrence. (B) Does not require adding another party.
Reminder: Even if these are checked, you need triple crown.
What does rule 20 (B) state?
(b) Any question of law or fact common to all plaintiff/ Defendant's
What is step one in the required joinder test?
Is the outsider required under 19(a)?
Only need one: Is required if:
(1) In their absence, court cannot accord complete relief
(2) Outsider has an interest relating to the action
(I) Impair or Impede outsiders ability to protect their interest.
(II)Leave existing party subject to substantial risk
Just because a joinder problem is satisfied, doesn't mean you can. What else do you need?
The triple crown - PJ, SMJ, Venue
What is the most famous case for Rule 18 joinder?
Union Pacific v. Rail Service
- Rail accident
- Second claim for something that happened years later
- D argues they aren't related yet court doesn't care.
What is Rule 13 (b) (Counter)
Permissive (Not required)
Common policy so they relate out of the same T/O
Met both parts of rule 20 (a)
If they are required, can they be joined?
(Check the three crowns)
What are some good cases to think of for required joinder?
Temple v. Synthes and Helzberg Diamond v. Valley west.
Why do courts like rule 18? what was it created for?
Efficiency purposes. Save money
Two requirements for cross-Claims?
(1) Between two people on the same side of the V.
(2) T/O from the original Claim
Reminder: Cross claims are always permissive
Reminder: Still need triple crown
How does Preacher v. Overmyer relate?
Jail case...
Never assume your argument is to easy or plain to make it.
What is step 3 of the required joinder test?
If the required outsider can not be joined, court has two options:
Dismiss suit or proceed with outsider
Equity and good conscience test...
Other practice cases
Problems VII-1-6 he gave us
Some Practice Cases
A-1
E-1
Some practice problems
A-2
E-2,2.5,2.75, and 2.80
Some practice problems
A-3
E-3
Some Practice Cases
A-4
E-4
Some practice Cases
A-5
E-5