Because rule 14 is only useable when the 3 rd party

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Because Rule 14 is only useable when the 3 rd party defendant is potentially liable to the plaintiff , not only the 3 rd party plaintiff. Once this has been established, then 3 rd party plaintiff can assert as many claims against 3 rd party defendant as they want under Rule 18 (joinder of claims). Rule 24 – Intervention A B. What if C WANTS to join the case? This rule dictates Rule 23 – Class Action Plaintiff suing on behalf of class of all others similarly situated Allowed if court certifies the class, but court must find that it meets the numerosity requirement, and normal joined would not be practical, common questions, and that representative is adequate for class Rule 22 – Interpleader
Stakeholder (like insurance company), wants to bind a group of plaintiffs (claimants) Chapter 8: Case Management, Settlement, Alternative Dispute Resolution, & Summary Judgment I. SUMMARY JUDGMENT AND PRETRIAL ADJUDICATION A. Summary Judgment Summary Judgment allows a court to decide a case before trial based on a determination, as a matter of law, that only one side could reasonably prevail. Get the Lingo Right: o Burden of Persuasion: For trial purposes, the plaintiff bears the burden of persuasion as to each element of the claim. o Burden of Production: For Summary Judgment purposes, we are talking about Burden of Production. The burden also belongs to the plaintiff, and that party has to produce evidence sufficient to meet each element of the claim, otherwise as a matter of law, the plaintiff loses. It must be enough so that a reasonable jury could find in plaintiff’s favor. 1. The Summary Judgment Standard Rule 56(c): “The judgment sought should be rendered if the pleadings, the discovery, and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law. For a plaintiff to win summary judgment, the plaintiff must be able to establish every element of the claim and show that if the case were to go to trial, no reasonable jury could find for the defendant. For a defendant to win summary judgment, the defendant must show that the plaintiff does not have sufficient evidence to raise a genuine issue as to any element of the claim. o In this sense, this is easy – the defendant need only show plaintiff’s failure as to a single element of the claim. o But in another sense, showing a lack of genuine issue is quite hard – the defendant must show that the plaintiff’s evidence is so utterly lacking that no reasonable jury could find for the plaintiff on that element of the claim. Exam tip: Very carefully identify that the plaintiff’s claim is. If you clearly lay out what the claim is, then it is much easier to analyze whether or not the defendant will be able to show that the plaintiff’s evidence is lacking Courts deciding summary judgment cases often talk about viewing the evidence “ in the light most favorable to the nonmoving party .” In Celotex Corp. v. Catrett

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