If their claims:
Assess SMJ (Diversity or FQ)
The court may either:
An abseentee party is indispensable if the court decides to dismiss a case due to A's absence and inability to join.
When a defending party wants to bring in someone new (third-party defendant (“TPD”)) for one reason: the TPD may owe indemnity or contribution to the defending party on the underlying claim.
There is a right to implead within 14 days after serving answer; after that, court permission is needed.
Absentee wants to join a pending suit. She chooses to come in either as a P or a D. The court may realign her if it thinks she came in on the "wrong" side. Application to intervene must be "timely."
A's interest may be harmed if she is not joined and her interest is not adequately represented now.
One holding property forces all potential claimants into a single lawsuit to avoid multiple litigation and inconsistency.
All four must be present:
There are some questions of law or fact in common to class.
Rep's claims/defenses typical of those of the class
Rep will fairly and adequately represent class.
Type 1: "prejudice"
Type 2: Injunction or declaratory judgment
Type 3: "damages"
Injunction or declaratory judgment (not damages) sought because class was treated alike by other party.
EX. employment discrimination.
Type 1 & 2: no notice requirement
Type 3: the court must notify class members, including individual notice (usually by mail) to all reasonably identifiable members.
Type 1 & 2: every member of the class
Type 3: all class members except those who opted out of the class
Requires at least 100 class members to be applicable
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