CivPro question re: aggregation Forum
- ovid
- Posts: 6
- Joined: Fri Nov 21, 2008 4:00 am
CivPro question re: aggregation
I seek clarification. A, B and C are in the same car and are struck by D. A sues for 20k, B sues for 20k and C sues for 36k all in federal court. Assume diversity is satisfied. Now, A, B and C can NOT aggregate their damages to meet the 75k requirement correct? However, if, say, B's claim was 76k then the others could then aggregate. Is this right? Thanks
- ChattTNdt
- Posts: 231
- Joined: Sun Dec 06, 2009 11:02 pm
Re: CivPro question re: aggregation
This is correct. One plaintiff must satisfy the amount in controversy requirement, and any other plaintiffs with injuries arising from the same event qualify for supplemental jurisdiction under 28 USC 1367.
If no plaintiff satisfies the amount in controversy requirement individually, there is no federal jurisdiction.
If no plaintiff satisfies the amount in controversy requirement individually, there is no federal jurisdiction.