Joinder question (civ pro)

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patienunderstanding
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Joined: Sat Mar 24, 2012 12:45 pm

Joinder question (civ pro)

Postby patienunderstanding » Thu Dec 12, 2013 1:08 pm

If a Plaintiff from NJ sues a Defendant from NY, in a federal ct., with a federal question claim for 60k and state law claim for 20k (and they are not related to each other), can the two be joined to meet the amount in controversy for diversity jurisdiction, or is there no need for diversity jurisdiction since there's a fed. question? If so, why? (I was thinking that there's no SMJ in the state law claim, and no supp. jurisdiction).
Thank you

Mr.Throwback
Posts: 142
Joined: Sun May 19, 2013 3:42 pm

Re: Joinder question (civ pro)

Postby Mr.Throwback » Thu Dec 12, 2013 1:35 pm

IF they're not related, the state law claim will need to brought in with its own SMJ. You will not be able to add the claims together to satisfy the requirement. Usually you can only aggregate against one single ∆.

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bobbypin
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Re: Joinder question (civ pro)

Postby bobbypin » Sun Dec 15, 2013 6:07 pm

Have you looked at rule 18(a)?

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patienunderstanding
Posts: 250
Joined: Sat Mar 24, 2012 12:45 pm

Re: Joinder question (civ pro)

Postby patienunderstanding » Sun Dec 15, 2013 9:31 pm

bobbypin wrote:Have you looked at rule 18(a)?

I was able to figure it out (I hope lol) thanks!




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