CivPro question re: aggregation

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ovid
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Joined: Fri Nov 21, 2008 4:00 am

CivPro question re: aggregation

Postby ovid » Sat Oct 09, 2010 12:30 pm

I seek clarification. A, B and C are in the same car and are struck by D. A sues for 20k, B sues for 20k and C sues for 36k all in federal court. Assume diversity is satisfied. Now, A, B and C can NOT aggregate their damages to meet the 75k requirement correct? However, if, say, B's claim was 76k then the others could then aggregate. Is this right? Thanks

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ChattTNdt
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Re: CivPro question re: aggregation

Postby ChattTNdt » Sat Oct 09, 2010 1:20 pm

This is correct. One plaintiff must satisfy the amount in controversy requirement, and any other plaintiffs with injuries arising from the same event qualify for supplemental jurisdiction under 28 USC 1367.

If no plaintiff satisfies the amount in controversy requirement individually, there is no federal jurisdiction.

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ovid
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Re: CivPro question re: aggregation

Postby ovid » Sat Oct 09, 2010 1:51 pm

word! thanks




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