Quick Joinder Question

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rklafehn
Posts: 129
Joined: Mon May 17, 2010 6:59 pm

Quick Joinder Question

Postby rklafehn » Tue Dec 06, 2011 5:45 pm

P1 (from state X) sues D (from state Y) in federal court based on diversity jurisdiction.

D counterclaims (arising from same occurrence as original claim) and add P2 (from state Y). There is no independent basis for jurisdiction over P2.

Can D add the party even though it will destroy the complete diversity of the suit or must he bring the suit in a separate action? I see that 1367(b) exceptions only apply to the original plaintiff but still unsure about the answer to this question and why the answer is what it is.

Thanks in advance.

acrossthelake
Posts: 4431
Joined: Sat May 16, 2009 5:27 pm

Re: Quick Joinder Question

Postby acrossthelake » Tue Dec 06, 2011 5:51 pm

rklafehn wrote:P1 (from state X) sues D (from state Y) in federal court based on diversity jurisdiction.

D counterclaims (arising from same occurrence as original claim) and add P2 (from state Y). There is no independent basis for jurisdiction over P2.

Can D add the party even though it will destroy the complete diversity of the suit or must he bring the suit in a separate action? I see that 1367(b) exceptions only apply to the original plaintiff but still unsure about the answer to this question and why the answer is what it is.

Thanks in advance.


Nope. You can't destroy complete diversity.

rklafehn
Posts: 129
Joined: Mon May 17, 2010 6:59 pm

Re: Quick Joinder Question

Postby rklafehn » Tue Dec 06, 2011 5:57 pm

Thanks.

I just was not sure because I know that D could implead a party even if that party was from the same state as the original P.

Thanks!

Is the rule that you can never destroy diversity? Thus, D would be forced to bring suit against P2 separately?

rklafehn
Posts: 129
Joined: Mon May 17, 2010 6:59 pm

Re: Quick Joinder Question

Postby rklafehn » Tue Dec 06, 2011 6:45 pm

Another question (my brain is fried):

P sues D in federal court under diversity jurisdiction.

Does P need an independent basis for jurisdiction to sue D2 even if the claim arises from the same transaction or does the court have supplemental jurisdiction?

acrossthelake
Posts: 4431
Joined: Sat May 16, 2009 5:27 pm

Re: Quick Joinder Question

Postby acrossthelake » Tue Dec 06, 2011 7:03 pm

rklafehn wrote:Another question (my brain is fried):

P sues D in federal court under diversity jurisdiction.

Does P need an independent basis for jurisdiction to sue D2 even if the claim arises from the same transaction or does the court have supplemental jurisdiction?


P can't use supplemental over D2. Needs an independent basis. T&O doesn't apply here, original claim's jurisdiction isn't FQ.

rklafehn wrote:Is the rule that you can never destroy diversity?

If the SMJ is based on diversity rather than FQ, yes.




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