Interpleader Analysis

Interpleader Analysis Components

1. Define Interpleader

2. Rule Interpleader

3. Statutory Interpleader
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)
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
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.

Author

letzgostate

ID

29204

Card Set

Interpleader Analysis

Description

Interpleader Analysis

Updated

2010-08-07T04:00:15Z