Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Necessary Party Analysis Components
- 1. Necessary Party
- 2. Feasibility of Joinder
- 3. Indispensability
- 4. Is party necessary?
- 5. Is joinder feasible?
Necessary Party Elements
- A non-party is necessary if:
- 1. Can't grant complete relief to existing parties without NP
- 2. NP has interest in case and outcome w/o NP may impair/impede ability to protect interest3. OR, disposition of the case w/o the NP will likely leave existing party(ies) subject to multiple liability or inconsistent obligations.
Necessary party Must Be Joined - if feasible
Feasibility of Joinder
- Would joinder of the NP destroy SMJ? Is there PJ over the NP?
- - Federal Question/Diversity
- - PJ - Minimal Contacts with forum state/Long arm statutes allowing
Test for Indispensability
- If joinder is not feasible, next have to look at if party is indispensable.
- - If party is indispensable --> Case Dismissed
- - If party not indispensable --> Case continues
1. How serious are adverse consequences of proceeding w/o NP?
- 2. Can court minimize adverse consequences?
- 3. Will judgment w/o NP be adequate or will it leave related claims by or against NP undecided?
- 4. Is there another forum where suit can be brought and all parties joined?
Assuming court finds x to be necessary party, court shouldn't dismiss because joinder feasible.
Then court must join and not dismiss
Home > Flashcards > Print Preview