Ii judgment framing can we avoid the prejudice

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affected/prejudiced/exposed to future action? (ii) Judgment Framing: Can we avoid the prejudice through alternatives? 17
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(iii) Adequacy of remedy: can a just/equitable/fair remedy be provided w/o the party? (iv) Result of Dismissal: will be unjustly harmed if there’s a dismissal? 2. PJ, SMJ, and Venue:SMJ: a potential ∆ can ruin SMJ in one of two ways: a. ruins diversity if from the same state as one of the s b. his claim might not reach amount in controversy requirement i. CompulsJoind not under SuppJur, so SuppJur won’t overcome these defects (a) PJ: must obtain PJ over potential D through relevant long arm 3. R19 Motion to dismiss for failure to join is brought by ∆ (Note: absent party has no status at this point; if they want to join they have to try interpleader or intervention) G. Class Actions: R23 and 1332(d) 1. Rule 23(a): 4 prerequisites for class certification : a. Numerosity: So many in the class that joinder of all members is impractical (15-25 at least – geographical dispersed) b. Commonality must be common questions of law or fact c. Typicality claims of the representative parties are typical of claims of the class d. Adequacy of Representation representative parties will adequately protect interests of the class i. If the court doesn’t certify the class as a whole, it may approve a subclass. (a) Note: Appellate courts will typically wait for a judgment on the merits before reviewing an appeal of a class certification (1) Amount in Controversy: At least one named class member must have a claim for more than $75,000 ii. Court will then appoint a class counsel, will consider expertise, knowledge of law, resources, etc… (a) Crt must approve settlement of a class action: it must determine whether settlement is fair/reasonable/adequate. 2. 23(b) how to maintain: In order to proceed w/ a class action, the suit must fit into 1 of 3 categories a. (b)(1): Prejudice to parties class: It’s the element of potential prejudice that typifies this class: i. class action is allowed if individual actions by class members would create a risk of either: (a) 1: inconsistent decisions establishing incompatible standards of conduct for party opposing the class, or (b) 2: impairment of the interests of members of the class who are not party to the individual actions (1) This is similar to compulsory joinder (i) Look to see if absent members prejudiced if no class action (ii) Will ∆ be subject to inconsistent/multiple claims? ii. Mandatory class, so parties can’t opt out and doesn’t have to find and notice each member of the class (cheaper for ) b. (b)(2):Equitable Relief class: class action allowed if party opposing class has acted or refused to act on grounds generally applicable to class; these occur when s seek injunctive or declaratory relief i. generally used for civil rights cases (a) Injunctive relief only (or declaratory): No Damages (1) Mandatory, no opt out, if you want to get out of a bad judgment you’d have to show the original suit didn’t adequately protect your interests (2) Mandatory again means doesn’t have to serve notice to each individual potential c.
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