1332 aggregation issues - help please

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cool
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Joined: Mon Dec 12, 2011 9:48 pm

1332 aggregation issues - help please

Postby cool » Thu Dec 15, 2011 11:46 am

Quick question. Say A brings a tort claim for 60k against B, and a breach of contract claim of 20k against B. A also brings a tort claim against C for 50k. All claims arise from the same controversy. All parties are diverse. Can all claims be heard in federal court?

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cool
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Re: 1332 aggregation issues - help please

Postby cool » Thu Dec 15, 2011 12:37 pm

Test in 30 minutes!

keg411
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Re: 1332 aggregation issues - help please

Postby keg411 » Thu Dec 15, 2011 12:44 pm

cool wrote:Quick question. Say A brings a tort claim for 60k against B, and a breach of contract claim of 20k against B. A also brings a tort claim against C for 50k. All claims arise from the same controversy. All parties are diverse. Can all claims be heard in federal court?


One P can aggregate claims against one D. So P's two claims against B are okay.
But a P can only aggregate claims against multiple D's if the multiple D's have joint and several liability (which isn't true here). Also, you can't take supplemental JX since the second D was made a party under R20, so it violates 1367(b). So a fed court could take JX over A v. B, but you can't add C since the amount in controversy isn't met.

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kalvano
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Re: 1332 aggregation issues - help please

Postby kalvano » Thu Dec 15, 2011 12:50 pm

This might prove helpful.



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