Confusing myself with PJ and counter-claims...

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Confusing myself with PJ and counter-claims...

Postby RR320 » Fri Dec 09, 2011 7:43 pm

1. If NY resident and FL resident get into fight let's say at the Jersey Shore and FL resident brings suit in FL court against NY resident (does not have any contacts in FL), but goes there on vacation and FL resident serves him with process while in FL, will there be PJ under tag jurisdiction?

Also, can someone please counter-claims & aggregation?

truevines
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Joined: Fri Jun 20, 2008 6:16 pm

Re: Confusing myself with PJ and counter-claims...

Postby truevines » Fri Dec 09, 2011 9:26 pm

RR320 wrote:1. If NY resident and FL resident get into fight let's say at the Jersey Shore and FL resident brings suit in FL court against NY resident (does not have any contacts in FL), but goes there on vacation and FL resident serves him with process while in FL, will there be PJ under tag jurisdiction?

Also, can someone please counter-claims & aggregation?


This is a typical _Burnham_ case; this answer is yes. Being served within a state's territory gives the state PJ over that person.

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Tanicius
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Re: Confusing myself with PJ and counter-claims...

Postby Tanicius » Fri Dec 09, 2011 9:31 pm

RR320 wrote:1. If NY resident and FL resident get into fight let's say at the Jersey Shore and FL resident brings suit in FL court against NY resident (does not have any contacts in FL), but goes there on vacation and FL resident serves him with process while in FL, will there be PJ under tag jurisdiction?

Also, can someone please counter-claims & aggregation?


I don't know why counter-claims would be prohibited if the NY guy is counter-suing the FL guy inside FL. I mean, there could be SMJ problems if it's not federal question, the matter isn't close enough related and the claim isn't for over 75k, but we would have to know more information.

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cinephile
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Re: Confusing myself with PJ and counter-claims...

Postby cinephile » Fri Dec 09, 2011 9:43 pm

RR320 wrote:Also, can someone please counter-claims & aggregation?


Any compulsory counter-claims must be brought by the D against the P.

As far as aggregation goes, P can aggregate multiple claims arising from the same transaction/occurrence to reach 75k+, but can't aggregate claims between defendants to reach 75k+ unless those Ds are joint and severally liable.

But a P could aggregate claims where one D is liable for let's say 76k and the other is liable for 5k, because one of those Ds already reached the amount in controversy.




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