§22.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§22.8STRATEGIC AND PRACTICAL CONSIDERATIONS

Interpleader is an effective means to avoid the possibility of double or multiple judgments against a stakeholder. When representing a stakeholder, consider whether an interpleader action is appropriate if multiple parties claim the stakeholder's funds or other property. Whether multiple claims exist is a factual determination. The court generally will not allow interpleader unless there are at least two claims or potential claims to the funds. Airborne Freight Corp. v. United States,195 F.3d 238 (5th Cir. 1999). You also can use interpleader, or "bills in the nature of interpleader," even if the stakeholder asserts a right to some part or all of the funds in the stakeholder's possession. Ashton v. Josephine Bay Paul & C Michael Paul Found., Inc.,918 F.2d 1065 (2d Cir. 1990). This distinction is largely irrelevant in federal...