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Civ Pro Joinder, Class Axn, & Sep. Analysis

Const. Involved

1) 14th Amend. 4 adeq. rep. of class axn

2) FF&CC in choice of law

3) Art III 4 diversity citizenship

Subst. Rt's before Proced. Rules

1) Must go through jxnal analysis for subj. matter, venue, & pers.

2) Must have cognizable C/A before looking 2 proced. rules

3) Go through Erie analysis 2 find C/A unless fed. quest.

Subj. Matter Jxn's

1) Look 4 fed. quest. 1st

2) Usually join claims & parties through suppl. jxn, §1367

3) Diversity

  1. Compl. unless statutory interplead
  2. Can't B destroyed in §1367)b
  3. Can choose class rep. 4 purposes of diversity
  4. Can't aggregate amt.4 class axn in sev. rts.

Venue

1) Specif. 4 statutory interplead

Pers.

1) No min. contact 4 absent P's where

  1. P class axn
  2. Money damage, NOT equity damage

2) Nationwide 4 statutory interplead

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Compulsory Joinders

1) Counterclaims

2) Nec. Parties

3) Intervention as of rt.

Counterclaims

1) Subj. matter of opposing parties

2) Trxnal?

  1. If yes, compulsory
  2. If no, permissive

Broadest 2 Narrowest Claim Joinders

1) Joinder of claims > Cross / Compulsory counterclaims > Permissive counterclaims

Dif. Party Joinders

1) Impleader

  1. W/cross or counter claims (prov's of Rule 19 & 20)
  2. W/o any claims (Rule 14)

2) Interpleader

3) Permissive

4) Compulsory

5) Intervention

6) Class Axn

Intervention as of rt. v. Compulsory Joinder

1) Same lang.

2) Dif. interp. since intervene if want 2 but force S's 2 join in compulsory joinder

3) Not subj. 2 jural rel.

Class Axn

1) Prereq.

  1. Numerosity
  2. Commonality of law / fact
  3. Typical
  4. Adeq. rep. (must B a member of class)
  5. Joinder req's of Rule 20 since class axn commenced b/c joinder impract.

2) Appeals

  1. Collateral attack by S's allowed
  2. Indiv. suits after class axn o.k. as long as not gen. C/A dec'ed by class suit
  3. Certification order non-appealable @ the X

3) Bound Parties

  1. Adeq'ly rep'ed by parties who were present
  2. Actually participated so virtual parties
  3. Joint rts so jural rel.
  4. Present but absent; proxy sit. where legally entitles former 2 stand in judgment 4 latter

4) Notice

  1. Only 2 23)b)3 class
  2. Indiv. notice only 2 those rsbly id'able

5) $ Damage Class: 23)b)3

Sep.

1) Sep. State Claim

  1. Send back 2 state claim if fail subj. matter jxn after sever

2) Improper joinder severed not dismissed


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