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[rklafehn]

P1 (from state X) sues D (from state Y) in federal court based on diversity jurisdiction.

D counterclaims (arising from same occurrence as original claim) and add P2 (from state Y). There is no independent basis for jurisdiction over P2.

Can D add the party even though it will destroy the complete diversity of the suit or must he bring the suit in a separate action? I see that 1367(b) exceptions only apply to the original plaintiff but still unsure about the answer to this question and why the answer is what it is.

Thanks in advance.

[094320]

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[rklafehn]

Thanks.

I just was not sure because I know that D could implead a party even if that party was from the same state as the original P.

Thanks!

Is the rule that you can never destroy diversity? Thus, D would be forced to bring suit against P2 separately?

[rklafehn]

Another question (my brain is fried):

P sues D in federal court under diversity jurisdiction.

Does P need an independent basis for jurisdiction to sue D2 even if the claim arises from the same transaction or does the court have supplemental jurisdiction?

[094320]

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