Civ Pro Q: 18a joinder of claims

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Civ Pro Q: 18a joinder of claims

Postby klussy » Sat Apr 23, 2011 4:31 pm

18a says you can join any claims against the other party- whether or not they're related.

But isn't that subject to limitations from lack of subject matter jurisdiction over the additional claims? Does supplemental jurisdiction apply?

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Re: Civ Pro Q: 18a joinder of claims

Postby Geist13 » Sat Apr 23, 2011 5:39 pm

The simple answer is that the FRCP are always subject to constitutional and statutory limitations. So you still gotta do a jurisdictional analysis over claims joined under the FRCP joinder rules.

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Re: Civ Pro Q: 18a joinder of claims

Postby Scurredsitless1 » Sat Apr 23, 2011 10:12 pm

We were told to think of 18a as a liberal pleading rule. When doing joinder problems, we were told to do a 3 part analysis:

1) Is joinder proper under the FRCP?
2) Does each claim have independent SMJ for federal court?
3) If no, does supplemental jurisdiction apply?

Good luck!

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Re: Civ Pro Q: 18a joinder of claims

Postby luckyduck » Sun Apr 24, 2011 2:51 pm

We were told you can join any claim you want. From my notes:

"So if you sue your neighbor for running over your cat and polluting your water and hitting you with his car. You can join them all even though they are different. There is nothing in the rule about what you MUST join together.
See Rush v. Maple Heights where the court said they were part of the same claim and precluded 2nd case on personal injury. There is nothing in the rules that creates this holding it comes from a court created doctrine called "claim preclusion".

Supplemental jurisdiction will come into play when we are talking about joining various parties and claims."

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