Litigation in Federal Court
Joinder
Joinder of Claims
FRCP 18(a): Joinder of Claims
• The plaintiff may join as many independent or alternative claims it has against a party.
FRCP 8(d)(3): General Pleading Rule
• A party may join as many separate claims or defenses it has, regardless of their consistency.
Joinder of Parties
FRCP 20(a): Permissive Joinder of Parties
• A plaintiff or defendant may be joined as parties in the same case if they share:
[1] the same transaction, and
[2] any question of law or fact.
▫ Note: hard to prove one is met without the other. Once qualified under 20(a), plaintiff may raise other claims allowed under 18(a).
Misjoinder
FRCP 21: Misjoinder
• The court has broad discretion to sever any claim, but it is not grounds for dismissal.
FRCP 42(b): Separate Trials
• The court may order a separate trial for convenience (default: grant joinder, since most cases don’t reach trial).
Class Actions
28 U.S.C. §1332(d): Class Actions
• District courts have jurisdiction over class actions if:
[1] any member of the plaintiff class is a citizen of a different state than any defendant.
[2] the amount in controversy exceeds $5M.
▫ If amount is less, it may still qualify under §1332(a).
28 U.S.C. §1453: Removal
(b) Removal: Class actions may be removed regardless of citizenship, even if all defendants haven’t consented
(c) Review: Appellate courts can accept appeals from a district court’s order denying a motion to remand to state court.
FRCP 23(a): Prerequisites
• Class representation can be granted if:
[1] the class is so numerous that joinder of all is impracticable.
[2] the questions of law or fact are common to the class.
[3] the claims or defenses are typical of the whole class.
[4] the representatives will fairly and adequately protect the class.