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Impleader Quick Question
Posted: Tue Apr 27, 2010 5:49 pm
by heraclitus
Hi, I have a quick question about impleaders:
A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?
Any answers would be greated appreciated!
Re: Impleader Quick Question
Posted: Tue Apr 27, 2010 6:12 pm
by 98234872348
heraclitus wrote:Hi, I have a quick question about impleaders:
A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?
Any answers would be greated appreciated!
As long as you have supplemental jurisdiction you're good under rule 14; the impleaded party does not affect the jurisdiction over the original claim because if he did, it would allow defendants to destroy diversity by impleading.
Re: Impleader Quick Question
Posted: Tue Apr 27, 2010 8:20 pm
by heraclitus
mistergoft wrote:heraclitus wrote:Hi, I have a quick question about impleaders:
A sues B in federal court based on diversity. B impleads C under FRCP Rule 14. A and C are from the same states. Does this destroy complete diversity for the original diversity claim between A and B? Or is this OK since the impleader is based on Suppl. J 1367?
Any answers would be greated appreciated!
As long as you have supplemental jurisdiction you're good under rule 14; the impleaded party does not affect the jurisdiction over the original claim because if he did,
it would allow defendants to destroy diversity by impleading.
Got it! Thanks a lot!