Joinder (Claims (Counter Claims (don't raise, it's waived,…
don't raise, it's waived
generally supplemental jd.
logical relationship test
Not possible to be compulsory
applies to original claims, counter, cross, or 3rd party
must have independent claim
must meet subj. matter and venue requirements
common question of law or fact?
Absent party may be joined?
Complete relief precluded?
Impedes ability to protect the interest?
Can absent party be joined?
Personal & Subj. Matter Jd.?
Should action proceed without absent party?
Equity & Good Conscience?
adequacy of judgment
extent prejudice can be avoided
availability of adequate representation in another forum
claim for indemnity or contribution
must have personal and subj. matter jd.
supplemental jd can be invoked
only permissive claims
can't be used to shift blame
3rd parties may assert claims
As of right
Potentially Impair Interest?
Not Adequately Represented
allows stakeholder to avoid double liability
FRCP 22 28 USC 1335