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This lecture is from Civil Procedure. Major Points are General Rules of Pleading, Federal Subject Matter Jurisdiction, General Rules of Pleading, Diversity and Alienage Jurisdiction. Key important points are: Compulsory Counterclaim, Pleading, Counterclaim, Subject Matter, Transaction or Occurrence, Permissive Counterclaim, Counterclaim Against, Other Joinder Rules, Joinder of Parties, Already Adversaries
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13(a) Compulsory Counterclaim. (1) In General. A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim
forbidden
Example: P sues D1 for breach of contract P joins an action against D2 for an unrelated battery Docsity.com
permitted, not required
Example (crossclaim): P sues D1 and D2 for battery D1 joins an action against D2 for his damages in the brawl
Rule 18. Joinder of Claims
(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
P sues D1 and D2 for damages in a battery. May D1 cross-claim against D for breach of an unrelated contract?
Assume that D1 cross-claims against D2 for his damages in the battery. May D1 now join an action against D2 for breach of an unrelated contract?
(2) Defendants. Persons... may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action. Docsity.com
permitted, not required
Example 20(a): P sues D1 for battery P joins a battery action against D concerning the same brawl Docsity.com
