Interpleader Analysis

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Author:
letzgostate
ID:
29204
Filename:
Interpleader Analysis
Updated:
2010-08-07 00:00:15
Tags:
civpro civil procedure intepleader
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Description:
Interpleader Analysis
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  1. Interpleader Analysis Components
    1. Define Interpleader

    2. Rule Interpleader

    3. Statutory Interpleader
  2. General Interpleader Definition
    • Device that allows party to join as Ds all persons who assert competing claims against an asset or "stake" possessed by the interpleading party
    • - as a means of avoiding multiple liability

    • Can be asserted as:
    • 1. Independent Action
    • 2. Counterclaim

    Joinder of additional claimants to action permitted pursuant to 13(h)
  3. Rule Interpleader Requirements
    State Law Claims

    • 1. Compete Diversity between interpleading party and interpleaded parties
    • - Amount in question asserted by interpleaded parties must be greater than $75k for each claim asserted

    • 2. PJ Must Be Established over each party
    • - pursuant to minimal contacts test

    3. Federal Venue Statute Must be Satisfied
  4. Statutory Interpleader Requirements
    • 1. Nationwide Service of Process (SOP) over interpleaded parties
    • - As long as claimant is citizen of US, there is PJ over that claimant in andy federal court

    • 2. Must be Minimal Diversity of citizenship among claimants to the state
    • - Not including party asserting the interpleader action
    • - IN OTHER WORDS - at least one claimant must be citizen of different state from at least one other claimant not including the interpleading party.
    • Amount in Controversy requirement is only $500

    Venue
    exists in any judicial district where any one claimant resides.

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