Goal

1
Goal

• Begin to understand how to determine whether a
  claim or party may be joined in an action
• Understand rule 18 (joinder of claims by
  plaintiff)
• Understand rule 13 (counterclaims by defendant)
• Begin to understand how to apply 1367(b).
• Well work through the charts and flow charts
  once in class.

2
Steps in Determining Joinder and SMJ

• Identify source of OJ of Anchor Claim.
• Identify authority for the additional claim
  which party is making it which party is it
  asserted against.
• (3) Determine whether there is OJ or, if not, SJ
  over each additional claim.

3
For each claim beyond anchor claim, must identify
both Authority? Jurisdiction?

• Which rule authorizes joinder of claim (later -or
  party)?
• 13 counterclaims crossclaims
• 14(a)(b) impleading parties
• 18(a) joinder of claims
• 19 indispensable party joinder
• 20 permissive party joinder
• 22 interpleader of defendants.
• 23 class actions
• 24 intervention by parties

• Is there SMJ over claim?
• 1331 OJ FQ
• 1332 OJ Diversity
• 1367 SJ
• Only if no OJ over the claim do you need to look
  at 1367

4
Authority Joinder of Claims by Plaintiff

• Plaintiff may include all claims against
  defendant, even if unrelated. R18(a).
• In theory could lead to thousands of claims in
  one suit, since there is no limitation on
  authority of plaintiff to add claims against a
  defendant.
• FRCP do not require plaintiff to add claims.
• See claim issue preclusion.

• Trial Management
• R42(b) gives trial courts discretion to grant
  motions to order separate trials of (virtually)
  any kind, if to avoid confusion, inconvenience,
  or prejudice.
• R21 allows for motions to sever claims against a
  party and treat them as a separate suit.

5
Jurisdiction Joinder of Claims by Plaintiff

• Jurisdiction is claim-based.
• A federal court that lacks jurisdiction over a
  claim cant rule on it other than to dismiss for
  lack of SMJ.

• Simply having authority for one claim to anchor a
  plaintiff in federal court does not give the
  court jurisdiction over all claims.
• Authority does not mean jurisdiction.
• Court must have both authority and jurisdiction
  for each claim.
• OJ
• SJ

6
If OJ Over Additional Claim Dont Need SJ

• P sues D for patent infringement (a FQ). P can
  also sue D for trademark infringement (a FQ) and
  any other FQ.
• FRCP 18 authorizes the claims, even if unrelated,
  and the court has OJ (FQ) over each claim.

• P sues D for state claim based on diversity, amt
  gt 75k. P can also sue D for another state law
  claim where amt gt 75k.
• FRCP 18 authorizes claims, even if unrelated, and
  court has OJ (1332) over each claim.

7
If no OJ Over Additional Claim Need SJ

• If other claim is one that court does not have OJ
  over, then must examine whether it has SJ.
• 28 USC 1367 for SJ.

• If no SJ, court can only dismiss for lack of SMJ.
• Even if SJ, sometimes court has discretion to
  decline to exercise SJ over that claim. See
  1367(c).

8
Problems 733-34

• 1. OJ on anchor claim? Party making additional
  claim? Rule authorizing? OJ or SJ?
• 2. OJ on anchor claim? Party making additional
  claim? Rule authorizing? OJ or SJ?

• 3. OJ on anchor claim? Party making additional
  claim? Rule authorizing? OJ or SJ?
• 4. OJ on anchor claim? Party making additional
  claim? Rule authorizing? OJ or SJ?

9
Counterclaims

• Authority 13(a)-(f)
• (a) Must (shall) be plead if
• (1)
  and
• See (e) for after-acquired counterclaims.
• (2)
  but does not
• (3)
• Unless
• (1)
  or
• (2)
• (b) May be plead if something other than (a) or
  is within the unless above.
• (f) Amending answers to assert counterclaim
• Which controls, 15(a) or 13(f)? Does it matter?
• (h) If need to add parties. (later)
• Jurisdiction OJ? SJ?

10
Plant (735)

• What are the four tests which can show a
  counterclaim to be compulsory?
• Which is the majority approach?
• What are the competing interests here?
• Why does the court hold it is compulsory?
• What are both the immediate and the broader
  consequence of that holding?

• What led plaintiff to file suit? What was OJ of
  her claim?
• What was the basis of defendants counterclaim?
• Why does determination of whether the
  counterclaim is compulsory or not matter in this
  case?
• Look at 1367(a).
• Why doesnt 1367(b) affect this case?
• Why will 1367(a) effectively limit permissive
  counterclaims that can be brought under 13(b)?

11
Problems on 741-42

• 7
• 8
• 9