1332 aggregation issues - help please Forum

[cool]

Quick question. Say A brings a tort claim for 60k against B, and a breach of contract claim of 20k against B. A also brings a tort claim against C for 50k. All claims arise from the same controversy. All parties are diverse. Can all claims be heard in federal court?

[cool]

Test in 30 minutes!

[keg411]

Quick question. Say A brings a tort claim for 60k against B, and a breach of contract claim of 20k against B. A also brings a tort claim against C for 50k. All claims arise from the same controversy. All parties are diverse. Can all claims be heard in federal court?

One P can aggregate claims against one D. So P's two claims against B are okay.
But a P can only aggregate claims against multiple D's if the multiple D's have joint and several liability (which isn't true here). Also, you can't take supplemental JX since the second D was made a party under R20, so it violates 1367(b). So a fed court could take JX over A v. B, but you can't add C since the amount in controversy isn't met.

[kalvano]

This might prove helpful.



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