Supplemental Jurisdiction Question Forum
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Supplemental Jurisdiction Question
Owen v. Kroger has a lot of discussion over the relationship between the original claim and the ancillary party. After 1367(b), is this all moot - i.e. a court never has supplemental jurisdiction over a non-diverse party brought in under Rule 14?
- ph14
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Re: Supplemental Jurisdiction Question
Only if a plaintiff claims against them. So the court can have a supplemental jurisdictional over a non-diverse party brought in under R14 (usually will because the liability for contribution arises out of the same transaction or occurrence), P just can't sue them.delusional wrote:Owen v. Kroger has a lot of discussion over the relationship between the original claim and the ancillary party. After 1367(b), is this all moot - i.e. a court never has supplemental jurisdiction over a non-diverse party brought in under Rule 14?
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Re: Supplemental Jurisdiction Question
Oh, okay, that makes sense. Thanks.ph14 wrote:Only if a plaintiff claims against them. So the court can have a supplemental jurisdictional over a non-diverse party brought in under R14 (usually will because the liability for contribution arises out of the same transaction or occurrence), P just can't sue them.delusional wrote:Owen v. Kroger has a lot of discussion over the relationship between the original claim and the ancillary party. After 1367(b), is this all moot - i.e. a court never has supplemental jurisdiction over a non-diverse party brought in under Rule 14?
- ph14
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Re: Supplemental Jurisdiction Question
If you figure out the rest of 1367(b) let me know, i'm still confused by it but I know that much is correct at least.delusional wrote:Oh, okay, that makes sense. Thanks.ph14 wrote:Only if a plaintiff claims against them. So the court can have a supplemental jurisdictional over a non-diverse party brought in under R14 (usually will because the liability for contribution arises out of the same transaction or occurrence), P just can't sue them.delusional wrote:Owen v. Kroger has a lot of discussion over the relationship between the original claim and the ancillary party. After 1367(b), is this all moot - i.e. a court never has supplemental jurisdiction over a non-diverse party brought in under Rule 14?
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Re: Supplemental Jurisdiction Question
What specifically is not clear? It seems like all it's saying is that these supplemental jurisdiction rules don't apply when the joinder ruins (1332) diversity.ph14 wrote:If you figure out the rest of 1367(b) let me know, i'm still confused by it but I know that much is correct at least.delusional wrote:Oh, okay, that makes sense. Thanks.ph14 wrote:Only if a plaintiff claims against them. So the court can have a supplemental jurisdictional over a non-diverse party brought in under R14 (usually will because the liability for contribution arises out of the same transaction or occurrence), P just can't sue them.delusional wrote:Owen v. Kroger has a lot of discussion over the relationship between the original claim and the ancillary party. After 1367(b), is this all moot - i.e. a court never has supplemental jurisdiction over a non-diverse party brought in under Rule 14?
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- ph14
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- Joined: Mon Sep 12, 2011 11:15 pm
Re: Supplemental Jurisdiction Question
What about a cross claim against plaintiffs when one of the plaintiffs is a rule 24 intervenor and they are both from the same state, but still both are completely diverse from the defendant.delusional wrote:What specifically is not clear? It seems like all it's saying is that these supplemental jurisdiction rules don't apply when the joinder ruins (1332) diversity.ph14 wrote:If you figure out the rest of 1367(b) let me know, i'm still confused by it but I know that much is correct at least.delusional wrote:Oh, okay, that makes sense. Thanks.ph14 wrote:
Only if a plaintiff claims against them. So the court can have a supplemental jurisdictional over a non-diverse party brought in under R14 (usually will because the liability for contribution arises out of the same transaction or occurrence), P just can't sue them.
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Re: Supplemental Jurisdiction Question
It doesn't include Rule 13 in the exceptions. Why should the fact that the plaintiff got there via rule 24 make a difference?ph14 wrote:What about a cross claim against plaintiffs when one of the plaintiffs is a rule 24 intervenor and they are both from the same state, but still both are completely diverse from the defendant.delusional wrote: What specifically is not clear? It seems like all it's saying is that these supplemental jurisdiction rules don't apply when the joinder ruins (1332) diversity.
- ph14
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Re: Supplemental Jurisdiction Question
Includes claims by P's "proposed" to be joined under R24 though.delusional wrote:It doesn't include Rule 13 in the exceptions. Why should the fact that the plaintiff got there via rule 24 make a difference?ph14 wrote:What about a cross claim against plaintiffs when one of the plaintiffs is a rule 24 intervenor and they are both from the same state, but still both are completely diverse from the defendant.delusional wrote: What specifically is not clear? It seems like all it's saying is that these supplemental jurisdiction rules don't apply when the joinder ruins (1332) diversity.