civ pro question

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portaprokoss
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civ pro question

Postby portaprokoss » Sun Dec 04, 2011 2:18 pm

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

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acrossthelake
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Re: civ pro question

Postby acrossthelake » Sun Dec 04, 2011 2:19 pm

portaprokoss wrote:For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?


My prof said original plaintiff. Check for your class though.

portaprokoss
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Re: civ pro question

Postby portaprokoss » Sun Dec 04, 2011 2:23 pm

acrossthelake wrote:
portaprokoss wrote:For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?


My prof said original plaintiff. Check for your class though.


This has to be right, the alternative would be too unfair. Thanks.

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ph14
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Re: civ pro question

Postby ph14 » Sun Dec 04, 2011 2:45 pm

portaprokoss wrote:
acrossthelake wrote:
portaprokoss wrote:For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?


My prof said original plaintiff. Check for your class though.


This has to be right, the alternative would be too unfair. Thanks.


It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."

portaprokoss
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Re: civ pro question

Postby portaprokoss » Sun Dec 04, 2011 3:06 pm

ph14 wrote:
portaprokoss wrote:
acrossthelake wrote:
portaprokoss wrote:For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?


My prof said original plaintiff. Check for your class though.


This has to be right, the alternative would be too unfair. Thanks.


It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."


What if that third party impleads someone, do they then become a 4th party plaintiff?

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ph14
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Re: civ pro question

Postby ph14 » Sun Dec 04, 2011 3:08 pm

portaprokoss wrote:
ph14 wrote:
portaprokoss wrote:
acrossthelake wrote:
My prof said original plaintiff. Check for your class though.


This has to be right, the alternative would be too unfair. Thanks.


It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."


What if that third party impleads someone, do they then become a 4th party plaintiff?


Pretty sure they do 3rd party X 3rd party = 9nth party plaintiff.

If this is a serious question I think the person who impleads another party would just be a 3rd party plaintiff in relation to their impleader claim but also a 3rd party defendant in relation to the original impleader claim.

portaprokoss
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Re: civ pro question

Postby portaprokoss » Sun Dec 04, 2011 3:14 pm

Also, car driven by A has passengers B & C. Collides with bus driven by D who's indemnified by E.

B sues E. C sues E. D sues A. Under 19, can E force D to become co-defendant in his suits against B & C?

I say no, b/c D's absence wouldn't prejudice him (D), b/c A cant counterclaim anything determined in the B v. E & C v. E suits. Am I wrong?

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vertex
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Re: civ pro question

Postby vertex » Mon Dec 05, 2011 10:19 am

portaprokoss wrote:For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?


The original plaintiff only. It's referring to 14(a)(3), when the original plaintiff claims against a third-party defendant.




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