🪜Civil Procedure Unit 12 – Joinder and Class Actions

What's This Unit All About?

• Focuses on the procedural mechanisms allowing multiple parties or claims to be joined together in a single lawsuit
• Explores the rules and requirements governing joinder of parties and claims under the Federal Rules of Civil Procedure (FRCP)
• Examines the class action device, which enables one or more named plaintiffs to represent a larger group of similarly situated individuals
• Delves into the prerequisites and procedures for certifying and maintaining a class action lawsuit
• Discusses the advantages and disadvantages of joinder and class actions from the perspectives of plaintiffs, defendants, and the judicial system
• Analyzes real-world examples and case studies illustrating the application of joinder and class action principles
• Identifies common pitfalls and strategies for avoiding them when dealing with joinder and class action issues

Key Concepts and Definitions

• Joinder: The process of uniting multiple parties or claims in a single lawsuit
• Permissive joinder: Allows the voluntary joining of parties or claims that arise from the same transaction or occurrence and share a common question of law or fact (FRCP 20)
• Compulsory joinder: Requires the joining of parties deemed "necessary" for the fair and complete resolution of the dispute (FRCP 19)
• Interpleader: Allows a party holding property claimed by multiple other parties to join them in a single action to determine the rightful owner (FRCP 22)
• Intervention: Permits a non-party to join an ongoing lawsuit to protect their interests (FRCP 24)
• Class action: A procedural device enabling one or more named plaintiffs to represent a larger group of similarly situated individuals in a single lawsuit (FRCP 23)
• Certification: The process by which a court determines whether a proposed class meets the requirements for class treatment under FRCP 23

Types of Joinder

• Rule 19 Compulsory Joinder of Parties
  • Requires joinder of parties deemed "necessary" for the fair and complete resolution of the dispute
  • Focuses on parties whose absence could impair their ability to protect their interests or subject existing parties to multiple or inconsistent obligations
• Rule 20 Permissive Joinder of Parties
  • Allows voluntary joinder of plaintiffs or defendants in a single action
  • Requires that the claims arise from the same transaction or occurrence and share a common question of law or fact
• Rule 18 Joinder of Claims and Remedies
  • Permits a party to join multiple claims against an opposing party, regardless of whether they are related
  • Encourages the efficient resolution of all disputes between the parties in a single proceeding
• Rule 22 Interpleader
  • Allows a party holding property claimed by multiple other parties to join them in a single action
  • Helps determine the rightful owner and protects the stakeholder from multiple liability
• Rule 24 Intervention
  • Permits a non-party to join an ongoing lawsuit to protect their interests
  • Distinguishes between intervention of right and permissive intervention based on the strength of the non-party's interest and potential impact on the litigation

Class Action Basics

• Class actions are governed by Federal Rule of Civil Procedure 23
• Enable one or more named plaintiffs to represent a larger group of similarly situated individuals in a single lawsuit
• Designed to promote efficiency and consistency in resolving disputes involving numerous claimants with similar grievances
• Require the court to certify that the proposed class meets the requirements of FRCP 23(a) and falls within one of the categories described in FRCP 23(b)
• Once certified, the class action proceeds with the named plaintiffs representing the interests of the entire class
• Class members are bound by the outcome of the litigation unless they opt out (in most cases)
• Settlements or judgments in class actions must be approved by the court to ensure fairness and adequacy of representation

Rules and Requirements

• FRCP 23(a) sets forth four prerequisites for class certification:
  1. Numerosity: The class must be so numerous that joinder of all members is impracticable
  2. Commonality: There must be questions of law or fact common to the class
  3. Typicality: The claims or defenses of the representative parties must be typical of those of the class
  4. Adequacy of Representation: The representative parties must fairly and adequately protect the interests of the class
• FRCP 23(b) describes three types of class actions:
  1. Rule 23(b)(1): Where separate actions would create a risk of inconsistent adjudications or impair the interests of non-parties
  2. Rule 23(b)(2): Where the party opposing the class has acted or refused to act on grounds generally applicable to the class, making injunctive or declaratory relief appropriate
  3. Rule 23(b)(3): Where common questions of law or fact predominate over individual issues, and a class action is superior to other methods for fairly and efficiently adjudicating the controversy
• FRCP 23(c) governs the certification process, requiring the court to determine whether to certify the class at an early practicable time
• FRCP 23(e) mandates court approval for any settlement, voluntary dismissal, or compromise of class action claims

Pros and Cons of Joinder and Class Actions

• Advantages of joinder:
  • Promotes efficiency by resolving related claims in a single proceeding
  • Avoids inconsistent outcomes and reduces the risk of duplicative litigation
  • Allows parties to pool resources and share the costs of litigation
• Disadvantages of joinder:
  • Can make the litigation more complex and unwieldy, especially with numerous parties or claims
  • May lead to confusion or prejudice if the joined claims are not sufficiently related
  • Could delay the resolution of some claims if they must await the outcome of others
• Advantages of class actions:
  • Provide access to justice for individuals with small claims that might not be economically viable to pursue individually
  • Promote efficiency and consistency in resolving disputes involving numerous claimants with similar grievances
  • Encourage defendants to change unlawful practices and deter future misconduct
• Disadvantages of class actions:
  • Can be expensive and time-consuming, particularly in the certification and notice stages
  • May not always adequately represent the interests of all class members, especially those with unique or atypical claims
  • Could pressure defendants to settle even weak claims to avoid the risk and expense of a class-wide trial

Real-World Examples and Case Studies

• Wal-Mart Stores, Inc. v. Dukes (2011): The Supreme Court decertified a nationwide class of female Wal-Mart employees alleging gender discrimination, finding insufficient commonality among the claims
• In re Agent Orange Product Liability Litigation (1983): A class action brought by Vietnam War veterans exposed to the herbicide Agent Orange, ultimately settled for $180 million
• Amchem Products, Inc. v. Windsor (1997): The Supreme Court overturned the certification of a settlement class in an asbestos litigation, emphasizing the importance of adhering to the requirements of FRCP 23
• In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation (2016): A class action arising from Volkswagen's use of defeat devices to cheat emissions tests, resulting in a $14.7 billion settlement

Common Pitfalls and How to Avoid Them

• Failing to properly define the class or proposed subclasses
  • Ensure that the class definition is clear, objective, and not based on the merits of the claims
  • Consider whether subclasses are necessary to account for differences among class members
• Inadequate representation of class members' interests
  • Select representative plaintiffs who have claims typical of the class and no conflicts of interest
  • Appoint experienced and qualified class counsel who will vigorously advocate for the class
• Overlooking potential conflicts among class members
  • Carefully analyze whether the proposed class members have sufficiently aligned interests
  • Consider whether separate subclasses or separate representation may be necessary
• Premature or inappropriate settlement negotiations
  • Avoid discussing settlement before the class is certified and the strengths and weaknesses of the claims are fully understood
  • Ensure that any proposed settlement is fair, reasonable, and adequate for all class members
• Neglecting to provide proper notice to class members
  • Develop a comprehensive notice plan that complies with FRCP 23(c)(2) and due process requirements
  • Use plain language and multiple methods of communication to ensure that class members understand their rights and options