bb8900 wrote:Civ Pro Questions:
1. I am still struggling with aggregation of claims and parties. Basically, when can two plaintiffs aggregate against one defendant? Ex: P1 and P2 have a pole fall on their cars. P1 has damages of $75,000. P2 has damages of $15,000. D is resident of forum state. P1 & P2 are both residents of a different state. P1 & P2 want to sue D jointly. May they?
2. What if P1 had claims over $75,000? Then could P2 have "piggybacked" and aggregated?
3. What about if one P wants to aggregate multiple claims against one D. Can P aggregate random claims to get over the 75K requirement? Ex: P wants to sue D in diversity. P has one claim for $40,000 under a K claim, and another claim for $36K under a tort claim. May P aggregate these claims against D?
4. Same question as #3, but this time both claims arise out of the same transaction or occurrence.
My memory is a bit hazy because it's been a few months where I had to study Civ Pro for bar exam purposes. But I'll try my best.
1) 2 P's can aggregate their claims against 1 D if their cases arise out of a common nucleus of operative fact (oh hey, did I just remember this crap?!). Essentially, if the 2 P's cases arise from the same transaction or occurrence as the original case, then yes, they can be aggregated.
2) Yes, as long as their cases arise out of a common nucleus of operative fact, P2 can have his case aggregated with P1 since P1's $75,000 satisfies the jurisdictional amount.
3) Yes 1 P can aggregate his multiple claims against 1 D, even if the cases are unrelated, because aggregation is allowed for 1 P v. 1 D. From what I recall, this is to serve judicial efficiency.
Hope that helps. Others can chime in and correct me because again, it's been a few months since I've had to look at my Civ Pro outlines so I may be wrong.