Civ Pro Supplemental Jurisdiction/Joinder Question

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Civ Pro Supplemental Jurisdiction/Joinder Question

Postby Lawstudent5 » Sat May 13, 2017 6:55 pm

Original claim is diversity jurisdiction-If A sues B and then B makes a compulsory counterclaim back against A and also joins C in the counterclaim (pursuant to 13h/19), but C would destroy diversity, would the claim against C have supplemental jurisdiction or would B be considered a plaintiff in this scenario in which supplemental jurisdiction is not available for "claims by plaintiffs against persons made parties under rules 14,19,20,24"?

Or since B was the original defendant, supplemental jurisdiction is allowed?

Thanks for any replies!

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Joined: Fri Mar 25, 2016 8:01 pm

Re: Civ Pro Supplemental Jurisdiction/Joinder Question

Postby cavalier1138 » Sat May 13, 2017 8:38 pm

If the only basis for federal jurisdiction was diversity, then any defendant from the same state as a plaintiff joined to the claim destroys it. No complete diversity means no supplemental jurisdiction.

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