CIVILPROCEDURECLASS.pptVIP

CIVIL PROCEDURE CLASS 16 Professor Fischer Columbus School of Law The Catholic University of America October 2, 2002 WRAP-UP OF LAST CLASS We discussed rules for joinder of parties and the Kedra case (FRCP 19, 20, 21) We discussed the rules for adding claims against existing parties (cross-claims and counterclaims) (FRCP 13) WHAT WILL WE DO TODAY? A few words on PE12. The most important: avoid being overly conclusory. Don’t forget to provide your reasoning and also cite legal sources that support your argument (e.g. rules, cases). See handout (model answer). We will learn about impleader under FRCP 14 If time, we will do Practice Exercise 13 Massachusetts Contribution Statute A useful resource: Article by Matthew C. Baltay in Boston Bar Journal (Nov./Dec. 2001) PRO RATA TORT CONTRIBUTION IS OUTDATED IN OUR ERA OF COMPARATIVE NEGLIGENCE/members/bbj/pro_rata.htm PRACTICE EXERCISE 12: POSSIBLE COUNTERCLAIM Shortly after the accident in which Charles was killed, Nancy calls a friend who works at Raytheon (where Randall is employed) and tells her that Randall is an alcoholic. Randall is fired from his job. Does Randall have a defamation claim against Nancy for slander? Would this be a compulsory or permissive counterclaim? Would you need to do some legal research before you could answer this question? PRACTICE EXERCISE 12: CROSS-CLAIM Assume Nancy’s motion to add Ultimate Auto/City of Lowell has been granted and amended complaint filed. Also assume you represent Randall. Do you have a plausible cross-claim? Prove it. Focus on the language of Mass R. Civ. P. 13(g) which is the same as Fed. R. Civ. P. 13(g). If you do have a plausible cross-claim, how many counts would it have? FRCP 14: IMPLEADER This governs the procedure whereby the court can allow a defendant to bring a third party (not already a party) into the action This is known as IMPLEADER What is the purpose of impleader? FRCP 14: IMPLEADER What is the defendant called in third-party proceedings?