Supplemental Jurisdiction -- §1367(b) Question Forum
- ph14
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Re: Supplemental Jurisdiction -- §1367(b) Question
Or is it a synthesis of the two, something like:
P1 (Iowa) v. D1 (Nebraska) + Rule 14 impleaded D2 (Iowa)
P1 cannot claim against D2 under supplemental jurisdiction because it would be inconsistent with diversity.
P1 (Iowa) + Rule 24 Intervenor P2 (Iowa) v. D1 (Nebraska)
P1 cannot cross-claim against P2 (and P2 cannot cross-claim against P1) because it would be inconsistent with diversity.
P1 (Iowa) v. D1 (Nebraska) + Rule 14 impleaded D2 (Nebraska)
P1 can claim against D2, because it is not inconsistent with diversity? Even though this seems to directly contradict E&E problem 8 in Ch 16...
P1 (Iowa) v. D1 (Nebraska) + Rule 14 impleaded D2 (Iowa)
P1 cannot claim against D2 under supplemental jurisdiction because it would be inconsistent with diversity.
P1 (Iowa) + Rule 24 Intervenor P2 (Iowa) v. D1 (Nebraska)
P1 cannot cross-claim against P2 (and P2 cannot cross-claim against P1) because it would be inconsistent with diversity.
P1 (Iowa) v. D1 (Nebraska) + Rule 14 impleaded D2 (Nebraska)
P1 can claim against D2, because it is not inconsistent with diversity? Even though this seems to directly contradict E&E problem 8 in Ch 16...
- ph14
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Re: Supplemental Jurisdiction -- §1367(b) Question
I dunno this is what i'm wondering too.Hannibal wrote:So does this mean the qualification of "when inconsistent with diversity requirements" only applied to claims by rule 19 and 24 plaintiffs?ph14 wrote:So the acing book is correct.acrossthelake wrote:Yes.ph14 wrote:Further, would that mean that:
P1 (Iowa) v. D1 (Nebraska) + Rule 14 impleader D2 (Nebraska)
P1 claims against D2 based solely on supplemental jurisdiction (assume that no fed. question and amount in controversy not met), So it would not be inconsistent with diversity for P1 to claim against P2. Would 1367(b) prevent this?
- ph14
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Re: Supplemental Jurisdiction -- §1367(b) Question
Okay, we came to the conclusion that 1367(b) codified Kroger, right?
So how would a situation like this be barred, since it was not what the court was forbidding in Kroger:
P1 (Iowa) + Rule 24 Intervenor P2 (Iowa) v. D1 (Nebraska)
P1 cannot cross-claim against P2 (and P2 cannot cross-claim against P1) because it would be inconsistent with diversity.
So how would a situation like this be barred, since it was not what the court was forbidding in Kroger:
P1 (Iowa) + Rule 24 Intervenor P2 (Iowa) v. D1 (Nebraska)
P1 cannot cross-claim against P2 (and P2 cannot cross-claim against P1) because it would be inconsistent with diversity.
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Re: Supplemental Jurisdiction -- §1367(b) Question
To answer your original question, it WOULD be allowed, because the antecedent "when exercising jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332" applies to all of 1367(b).
- ph14
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Re: Supplemental Jurisdiction -- §1367(b) Question
Are you saying this would be allowed?letsdoit wrote:To answer your original question, it WOULD be allowed, because the antecedent "when exercising jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332" applies to all of 1367(b).
P1 (Iowa) + Rule 24 Intervenor P2 (Iowa) v. D1 (Nebraska)
P1 cannot cross-claim against P2 (and P2 cannot cross-claim against P1) because it would be inconsistent with diversity.
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- Wild Card
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Re: Supplemental Jurisdiction -- §1367(b) Question
I just posed this hypo to Arthur Miller, the King of Civil Procedure: to clarify, the court would have supplemental jurisdiction over A's 14a(3) claim against C.ph14 wrote:Ah great find. Thanks so much.Pierson v. Poast wrote:Nevermind, I think you're right. OP: if you have the E&E, I think Chapter 16 Question 8 is this situation.acrossthelake wrote:I think we're talking past each other, then. I'm just saying, supplemental jurisdiction isn't fine just if the joined parties maintain diversity.Pierson v. Poast wrote: No, the "when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332." part applies to all the claims listed in 1367(b).
Just for anyone reading this, the problem basically was
A (NY) v. B (OH)
B impleads (R. 14) C (OH)
A files a claim against C
E&E says no supplemental jurisdiction over A's claim against C, since 1367(b) doesn't allow it-- even though it doesn't destroy diversity. However, the E&E adds that there may be an independent basis of SMJ; the parties are diverse, so if it meets the amount in controversy requirement, the court can hear it on diversity grounds.
If your professor claims otherwise... listen to your professor.
- NoBladesNoBows
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