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An overview of rule 20 and 14 of the us civil procedure, focusing on the permissive and required joinder of parties and third-party practice. Examples and explanations of various scenarios, such as impleaders, necessary parties, and intervention. These rules determine when and how additional parties can be joined in a lawsuit, affecting the relationships between plaintiffs, defendants, and third parties.
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Example: P sues D1 for breach of contract P joins an action against D2 for an unrelated battery Docsity.com
13(a) claim preclusion
Rule 20. Permissive Joinder of Parties (a) Persons Who May Join or Be Joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all plaintiffs will arise in the action.
Rule 14. Third-Party Practice
(a) When a Defending Party May Bring in a Third Party. (1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.
14(a)(2) (D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third- party plaintiff. (3) Plaintiff’s Claims Against a Third-Party Defendant. The plaintiff may assert against the third- party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
X, employee of D, gets in car accident with P P sues D in D.N.J. under theory of respondeat superior D impleads X for indemnification May X bring an action against P for X’s damages in the car accident? Must he? If X does not bring an action against P concerning the car accident, may X bring an action against P for P’s breach of a contract to mow X’s lawn?
P, D, and X are in an accident in which D runs into P’s and X’s car P sues D for negligence D is determined to be not negligent X then sues D for negligence can D preclude X from relitigating the issue of D’s negligence?
The D Corp. is in the process of liquidating its assets and has only $25k left P bought a D Corp. product that failed and is suing the D Corp. for $20k of damages X and Y also bought D Corp. products that failed and each suffered $10k in damages Are X and Y necessary parties?
An African-American who had been refused employment by a fire department is suing the city for racial discrimination in hiring. He is asking for preferential treatment in hiring by the fire department as a remedy for past discrimination. Are other African- Americans who have been refused employment necessary parties?
