Joinder - Two key questions that must be asked about any...

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Unformatted text preview: Two key questions that must be asked about any claim in federal court: 1) Is it jurisdictionally proper? I.e. Is there a basis for subject matter jurisdiction over the claim? 2) Is it procedurally proper? I.e. Do the federal rules of civil procedure authorize the claim? Complaint Defendant's Response Joinder of Claims - 18, 42b Counterclaims - 13a, 13b, 18 Joinder of Parties - 20, 21, 18 Crossclaims - 13g, 18 3rd party claims -14, 18 Relevant FRCPs Joinder of Claims 1) FRCP 18(a) a) Pleader can include as many claims against a defendant as he wants, even if unrelated b) Applies to original plaintiff in complaint; counterclaim, cross-claim, and 3rd party claim (allows the party to bring in any other claim) c) Still need to analyze subject matter jurisdiction 2) FRCP 42(b) a) Judge can separate claims for trial for: i) Convenience ii) Avoiding prejudice iii) Economy Permissive Joinder of Parties 1) FRCP 20(a) : Plaintiffs may sue together or defendants may sued together if: a) Claims arise out of the same transaction or occurrence b) Claims against involve common question of law or fact 2) Promotes efficiency and consistency of verdicts to litigated related claims 3) Joinder of parties is PERMISSIVE a) Not compulsory b/c it would raise a host of procedural and jurisdictional problems b) Plaintiff is master of his claim Compulsory Joinder of Parties 1) FRCP 19 : Joinder of Indispensable Parties a) Requires joinder of certain persons under limited circumstances b) Woolley: 19 is read far too narrowly; its read in light of high value placed on autonomy in the structuring of lawsuits (we dont fuck with a partys decisions about who should be a party to the lawsuit) c) 2 Step process: i) Must a party be joined if feasible? Such a party is called a necessary party ii) Should the suit be dismissed if joinder is infeasible? If so, such a party is an indispensable party (1) The Feasibility of J oinder (a) J oinder is usually feasible when: (i) the court has personal jurisdiction over the party, (ii) joinder will not destroy subject matter jurisdiction, and...
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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Joinder - Two key questions that must be asked about any...

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