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1. It gets non fed Q, non Diversity in federal court even though claim alone could never go to federal court as long as claim arises under same t/o 2. Article III. Sec. 2 gives jurisdiction to federal court on a "case or controversy" Make sure Pl. has an underlying claim that has FQ or Diversity
1367a: all cases that meets Gibbs/same t/o. Applies to joinder of additional parties. 1367b: 1367b - kills supplemental jrd in fed. 3 types when killed in diversity case; 1. Claims by pls v. R.14,19,20,24 (third party def, absentee, joinder ,intervention) 2. Claims by Rule 19 Plaintiffs (absentee) 3. Claims by Rule 24 Plaintiffs (intervention) . 1367c: Factors to look at to determine if to use supplemental discretion 1. Federal claims are dismissed before trial then dismiss state claims. If dismiss FQ claim before trial then ought to get rid of state law claim because it alone can¶t be in federal court. Timing is crucial. May 86 state law claim if FedQ is dismissed early. 2. If state law issue predominates. 3. If combination confuses the jury.
Rule 18 (a) - plaintiff may file anything against defendant 1. If judge decides too many claims then separate trials. Rule 42B 2. Matters may be consolidated in separate trials. 18a ± Allows a claimant to assert every claim she has against opposing party. Check SMJ. FQ, Diversity or Supplemental Jurisdiction. Joinder - 20a is permissive may join as long as 1. same t/o 2. one common question 3. Check SMJ If violate Rule 20 WE SEVER and make 2 cases (not separate trial) (REMEDY IS NOT DISMISSAL FOR MISJOINDER) Consolidation -. Rule 42. Have more than one case pending in the same jurisdiction. The court orders that will do things together. Cases are still separate, 2 decisions. 1. Test is common question. General rule pls sue alone and choose to load up defendent¶s side so can avoid whipsaw probelm, each def can¶t blaim an absent defendent.
Counterclaim 1. Compulsory 13a ± a. arises from same t/o, must assert this or loose b. Check SMJ ,FQ, Diversity, Supplemental 1. Meets 1367a same t/o 2. Check 1367b kills supplemental jurisdiction in diversity case Claims by Pls v. R14,19,20,24 (third party def. Absentee, joinder, intervention) Claims by Rule 19 pl (absentee)
Claims by Rule 24 pl (intervention) 2. Permissive 13b
a. b. does not arise from same t/o Check SMJ 1. Must be FQ or diversity because inherently fails 1367a because not same t/o
Cross Claims 13g Against a co-party
Check SMJ. TPD Rule 14 D wants indemnity or contribution from TPD P 14a downsloping 1.joint tort feasers 14a upslopingPl may assert a claim against TPD must arise from same t/o as underlying dispute.TPD. A.IMPLEADER ± Rule 14 (is narrower than 18a) Allows a defending party to join an absentee who is or may be liable to that defending party for the underlying claim against the defending party. vicarious liability B.shift the liability from def to TPD. Diversity c. shift part liability example . Check SMJ a. In diversity case supp is killed . FQ b. shift entire liability example . Pl v. FQ b. Pl asserts claim against TPD from same t/o 2.shift the liability from def to TPD. Check SMJ a. Contribution . Indemnity . Meets 1367 a ± same t/o 2. Supplemental 1. Supplemental jurisdiction is okay.insurance. No supplemental Jurisdiction violates 1367B. Diversity c. Meets 1367a same t/o and 1367b 14a upsloping: 1. Supplemental 1. Meets 1367a same t/o D TPD 2. TPD asserts claim against P arising from same t/o 2. Rule 14 ± D wants indemnity or contribution from TPD P D . May assert a claim against Pl. Rule 14 def. Must do this within 10 days of answering or then ask courts permission. 14a downsloping . Meets 1367b diversity case because only applies to pl.
19a2i . Ask whose side is the absentee on? Supplemental Jurisdiction ± Never okay 1367a . Goals of rule 19 can be met in state court PJ and SMJ. Efficiency .necessary is always same t/o.protect absentee.protect defendent. 1367b .SMJ . must be real world harm as a practical matter impair or impede the person¶s ability to protect that interest ***Joint tortfeasers are never necessary*** because can 14a implead as TPD Is joinder feasible? -PJ -Valid objection to venue . . Qualitiativley (look to see who will win or loose on the face)to what extent prejudicial to absentee or those already parties 2. 19a2ii . no claim preclusion. do we proceed or dismiss? If indispensible then can't join. can¶t be harmed as a legal manner.alignment. without her not complete relief among the parties (can argue both ways among the current parties or among all the parties) OR 2.Either have rule Rule 19 pl or Rule 19 defendent. Meet this.Is there something the judge can do so the harm won¶t happen? (Largely ignored by courts) 3. So dismiss 12B7.by proceeding without absentee 4. Molding the decree. Ifjoinder not feasible because destroys SMJ. Factors to consider 1.Rule 19 analysis: ABSENTEE (invoked by def.interest in efficiency . Can be invoked by court) Is the absentee necessary? 1. Whether the plaintiff will have an adequate remedy if the action is dismissed for non-joinder?*** go to state court and can hear both claim.
JUR BY RULE 24 PL B. KILLS SUPP.ALLOW INTERVENTION TO PROTECT ABSENTEE¶S INTEREST **unless absentee¶s interest is already being looked out for(basically meaningless) CLAIM OR DEFENSE MUST HAVE AT LEAST ONE COMMON QUESTION SUBJECT MATTER JURISDICTION FQ DIVERSITY NO SUPPLEMENTALJURISDICTION (UNLESS FQ IS UNDERLYING CLAIM) 1. KILLS SUPP JUR AGAINST RULE 24 DEF.INTERVENTION -. . 1367B ± FAILS ± IN DIVERSITY CASE A.RULE 24 allows absentee to bring herself into the case ALIGNMENT Choose which side to intervene on ± Ask: Where is my interest? Court may realign. TIMLINESS Must intervene timely ± up to court¶s discretion Some courts even allow intervention for appeal TYPE OF INTERVENTION INTERVENTION BY RIGHT -STATUTUE ALLOWS INTERVENTION INTERVENTION BY NECESITY . 1367A MET BECAUSE IF ABSENTEE SO CLSOE TO CLAIM THAT INTEREST CAN BE INFRINGED ON THEN SAME T/O 2.
Injunction/Declaratory Judgment 3. Class action must be superior method to ejudicate c. need a specific circumstance can¶t say all people interested in free speech*** Defendant: Company CHECK SMJ 1. For citizenship look to citizenship of REP b. FQ 2. Supplemental CLASS ***If multiple defendant¶s can¶t have supplemental jurisdiction in diversity case because violates 1367b Pl v. (Rep may not be adequate if she can¶t afford this).Rep¶s claim has to be typical of rest of claim 4.Class Action Rule 23 Courts have to approve settlements Types of Class Action ± 23b 1. against multiple inconsistent obligations b. Commonality ± Must be a common claim 3. Numerosity: Class must be so large that joinder is impracticale 2. Rule 20 def** .a Protect def. *Notice allows opt out REPRESENTATIVE Must meet four requirements: 23a 1. Adequacy of Rep. Damages class action a. Common question must predominate b.Focus on the lawyer is she capable of representivng someone **There must be a class ± need to be able to find everyone if win. Typicality. Diversity a. For amount in controversy every member in the class has to assert greater than 75K 3. similar to 19 ± after injunction or declaratory judgment ± employment discrimination 2. Representative must pay to give notice to everyone reasonably identifiable.
stake) court will only distrube the res TYPE OF INTERPLEADER True Interpleader ±stakeholder is disinterested (usually insurance companies) Case in the nature of Interpleader ±stakeholder is interested party (wants res) P to D(S/H) and stakeholder does not want to 12B7 dismiss for failure to join an indispensible party can assert a counterclaim (complusory 13a) against P and then join absentees (Rule 19 or 2)_ P (13a) D (Stakeholder) 13h A No Jury ± Stakeholder sues all claimants and claimants assert their case 1. Must deposit res in the jurisdiction on the court. Must have SMJ 3.INTERPLEADER ± RULE 22 PREMISE Fight over res (property. CLAIMANTS FIGHT IT OUT (AND STAKEHOLDER IF INTERESTED) Jury if meet 7th amendment test Rule Interpleader PJ/service of Process Regular Amount in Controversy Greater than 75K Diversity Stakeholder different citizenship from every plaintiff Injunction Yes Venue §1391 District where substantial part of claim arose or all defendants reside §1397 District where any claimant resides Statutory Interpleader nationwide $500 or more Claimants diverse from another (In interested stakeholder. included) Can have injunction /restraint . Must convince court that he/she is interpleader fighting over res 2.
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