CIVIL PROCEDURE CLASS 16

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CIVIL PROCEDURE CLASS 16

• Professor Fischer
• Columbus School of Law
• The Catholic University of America
• October 1, 2003

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PROGRESS FEDERAL SAVINGS BANK v. NATWEST CB p.
306

• Limits on sanctions under Rule 11

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LIMITS ON MONETARY SANCTIONS

• 1. When are monetary sanctions unavailable
  against a REPRESENTED PARTY?
• What subsection of FRCP 11 governs?
• 2. Cannot award monetary sanctions sua sponte if
  show cause order issued before any voluntary
  settlement or dismissal
• 3. Court must consider financial status of a Rule
  11 offender
• 4. Duty to mitigate

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SANCTIONS ORDERS

• What does 11(c)(3) provide?

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THE BIG PICTURE

• Pleading
• Joinder

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JOINDER OF CLAIMS AND JOINDER OF PARTIES

• Which rule(s) govern these?
• Is it easier to join claims or parties?

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LIMITS ON JOINDER

• General policy of FRCP- liberal joinder rules BUT
• Other rules may limit joinder. What are some
  examples?

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FRCP 18 JOINDER OF CLAIMS

• ISSUE What claims can a party bring against
  another party in the same action?
• Can a party bring unrelated claims against
  another party in the same action?

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APPLICATION OF FRCP 18

• FRCP 18 applies to
• P v. D
• Third-party P v. Third-party D
• D1 v. D2
• D v. P

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FRCP 18 PERMISSIVE OR MANDATORY?

• MUST a P bring all unrelated claims against D in
  a single action? (please forget about
  counterclaims for now)Why?
• Important Note related claims may be barred by
  claim preclusion. Well learn about this later.
• Another Important Note Court can order separate
  trials under FRCP 42(b)

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JOINDER OF PARTIES

• Some parties MUST be joined (FRCP 19)
• Other parties may be joined if permissive
  joinder rules apply (FRCP 20)

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Kedra Case CB p. 315

• Could all the Kedras be joined as Ps along with
  the Rozanskis?
• Could all the defendants be joined in the same
  action?
• Why or why not?

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PERMISSIVE JOINDER FRCP 20

• Parties are generally masters of their claims
• ISSUE When can P sue together?
• ISSUE When can P sue several Ds together in the
  same action?

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WHEN CAN Ps SUE TOGETHER?

• IF
• 1. Claims arise out of same transaction and
  occurrence or series of transactions or
  occurrences AND
• 2. Common question of law or fact
• subject to discretion of court to deny joinder
  where JURY CONFUSION or UNDUE DELAY (20(b))
• NOTE SUPPLEMENTAL JURISDICTION RULES MAY AFFECT
  THIS- WE WILL DISCUSS LATER

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WHEN CAN P SUE MULTIPLE Ds IN SAME ACTION?

• IF
• 1. Claims arise out of same transaction and
  occurrence or series of transactions or
  occurrences AND
• 2. Common question of law or fact
• subject to discretion of court to deny joinder
  where JURY CONFUSION or UNDUE DELAY (20(b))

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RULE 20 IS PERMISSIVE

• Parties are not required to be joined (subject
  to FRCP 19)
• However, courts sometimes CONSOLIDATE actions
  (FRCP 42(a)) where they share common questions of
  law or fact
• Courts also have discretion to deny joinder and
  order separate trials (FRCP 20(b))

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FRCP 21 MISJOINDER OF PARTIES UNDER RULE 20

• Misjoinder will not result in dismissal
• Parties can be dropped (severed) or added
• 1. On motion of parties
• 2. Or at initiative of court
• AT ANY STAGE OF THE ACTION (subject only to need
  to protect parties from unfair prejudice)
• COURT HOWEVER CAN ORDER SEPARATE TRIALS