Law School Toolbox Podcast: Civil Procedure - Joinder

Hosts:

• Allison Monaghan
• Lee Burgess

Overview

• Focus on demystifying law school and legal career experiences.
• Co-creators of Law School Toolbox, Bar Exam Toolbox, CareerDicta, and Girl's Guide to Law School.

Episode Focus: Joinder in Civil Procedure

• Part of the "Listen and Learn" series.
• Today's focus: intervention, impleader (third-party actions), and class actions.
• Previously covered: permissive and required joinder.

Key Concepts in Joinder

1. Types of Joinder
   • Permissive Joinder
   • Required Joinder
   • Intervention
   • Impleader (Third-party actions)
   • Class Actions

Intervention

• Involves a third party joining an existing lawsuit.
• Two Types:
  • Intervention as a Right: Court must allow if:
    1. Application is timely.
    2. Interest in subject matter.
    3. Interest protection impaired.
    4. Interest not adequately represented.
  • Permissive Intervention: Court may allow if:
    1. Timely motion.
    2. Common question of law/fact or conditional right by statute.
    3. Must not unduly delay or prejudice original parties.

Example: Townsville Case

• Scenario: Developer interested in a property involved in a lawsuit.
• Application of Intervention as a Right:
  • Timely application.
  • Developer's interest in the property sale.
  • Potential impairment of the developer's project.
  • Developer's interest not adequately represented by Townsville.

Impleader (Third-party Actions)

• Purpose: Defendant brings another party into the lawsuit to share liability.
• Requirements:
  1. Third-party may be liable to the defendant.
  2. Liability must relate to the action against the defendant.
• Important: Derivative liability (e.g., indemnification).

Example: Caroline and Fiatta Case

• Scenario: Caroline sues Fiatta and Philip; Fiatta seeks to bring AirGuys (airbag manufacturer) into the suit.
• Application:
  • Fiatta claims AirGuys liable for defective airbags.
  • Meets criteria for impleader as AirGuys may indemnify Fiatta.

Class Actions

• Definition: Lawsuits with many plaintiffs against common defendants for similar claims.
• Key Requirements:
  1. Numerosity: Too many plaintiffs for practical individual joinder.
  2. Commonality: Common legal/factual questions.
  3. Typicality: Claims typical of the class.
  4. Adequacy: Representative parties protect class interests.
• Certification: Class must be certified based on:
  • Risk of inconsistent adjudications.
  • General applicability of defendant's actions.
  • Predominance of common questions.

Example: Insurance Company Case

• Scenario: Class action for billing practices.
• Application:
  • Numerous affected customers.
  • Common claim about billing practices.
  • Certification reduces individual suits and ensures fairness.

Conclusion

• Encouragement to review episodes, rate, and reach out with questions.
• Contact: [email protected] or [email protected].