civ pro question Forum

[portaprokoss]

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

[094320]

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[portaprokoss]

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

My prof said original plaintiff. Check for your class though.

This has to be right, the alternative would be too unfair. Thanks.

[ph14]

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

My prof said original plaintiff. Check for your class though.

This has to be right, the alternative would be too unfair. Thanks.

It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."

[portaprokoss]

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

My prof said original plaintiff. Check for your class though.

This has to be right, the alternative would be too unfair. Thanks.

It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."

What if that third party impleads someone, do they then become a 4th party plaintiff?

[ph14]

My prof said original plaintiff. Check for your class though.

This has to be right, the alternative would be too unfair. Thanks.

It's original plaintiff. Usually they call a D who impleads a 3rd party a "3rd party plaintiff."

What if that third party impleads someone, do they then become a 4th party plaintiff?

Pretty sure they do 3rd party X 3rd party = 9nth party plaintiff.

If this is a serious question I think the person who impleads another party would just be a 3rd party plaintiff in relation to their impleader claim but also a 3rd party defendant in relation to the original impleader claim.

[portaprokoss]

Also, car driven by A has passengers B & C. Collides with bus driven by D who's indemnified by E.

B sues E. C sues E. D sues A. Under 19, can E force D to become co-defendant in his suits against B & C?

I say no, b/c D's absence wouldn't prejudice him (D), b/c A cant counterclaim anything determined in the B v. E & C v. E suits. Am I wrong?

[vertex]

For sup. jurisdiction purposes, who does 1367b consider Ps under 14? The original P only, or also a D who fourteens someone?

The original plaintiff only. It's referring to 14(a)(3), when the original plaintiff claims against a third-party defendant.