Impleader Quick Question

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heraclitus
Posts: 14
Joined: Sat Oct 25, 2008 2:44 pm

Impleader Quick Question

Postby heraclitus » Tue Apr 27, 2010 5:49 pm

Hi, I have a quick question about impleaders:

A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?

Any answers would be greated appreciated!

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98234872348
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Joined: Mon Dec 22, 2008 3:25 pm

Re: Impleader Quick Question

Postby 98234872348 » Tue Apr 27, 2010 6:12 pm

heraclitus wrote:Hi, I have a quick question about impleaders:

A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?

Any answers would be greated appreciated!

As long as you have supplemental jurisdiction you're good under rule 14; the impleaded party does not affect the jurisdiction over the original claim because if he did, it would allow defendants to destroy diversity by impleading.

heraclitus
Posts: 14
Joined: Sat Oct 25, 2008 2:44 pm

Re: Impleader Quick Question

Postby heraclitus » Tue Apr 27, 2010 8:20 pm

mistergoft wrote:
heraclitus wrote:Hi, I have a quick question about impleaders:

A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?

Any answers would be greated appreciated!

As long as you have supplemental jurisdiction you're good under rule 14; the impleaded party does not affect the jurisdiction over the original claim because if he did, it would allow defendants to destroy diversity by impleading.


Got it! Thanks a lot!




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