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Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 9:54 am
by delusional
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?
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 10:43 am
by ph14
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?
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.
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 11:03 am
by delusional
ph14 wrote: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?
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.
Oh, okay, that makes sense. Thanks.
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 11:10 am
by ph14
delusional wrote:ph14 wrote: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?
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.
Oh, okay, that makes sense. Thanks.
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.
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 12:08 pm
by delusional
ph14 wrote:delusional wrote:ph14 wrote: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?
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.
Oh, okay, that makes sense. Thanks.
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.
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.
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 12:11 pm
by ph14
delusional wrote:ph14 wrote:delusional wrote: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.
Oh, okay, that makes sense. Thanks.
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.
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.
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.
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 12:26 pm
by delusional
ph14 wrote: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.
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.
It doesn't include Rule 13 in the exceptions. Why should the fact that the plaintiff got there via rule 24 make a difference?
Re: Supplemental Jurisdiction Question
Posted: Tue Dec 06, 2011 12:28 pm
by ph14
delusional wrote:ph14 wrote: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.
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.
It doesn't include Rule 13 in the exceptions. Why should the fact that the plaintiff got there via rule 24 make a difference?
Includes claims by P's "proposed" to be joined under R24 though.