Supplemental jurisdiction + 3rd party defendat + plaintiff
Posted: Sun Jan 29, 2012 6:29 pm
Question with supplemental jurisdiction:
A sues B on diversity. B impleads C. C (not diverse from A) then files a claim against P allowed by Rule 14(a)(2)(D) and permitted by supplemental jurisdiction.
From there, will supplemental jurisdiction cover A's counterclaim against C, if it would otherwise be compulsory if diversity existed? I am torn with this question because supplemental jurisdiction (section 1367) says it will not cover persons made parties under Rule 14.
If A cannot file a counterclaim against C, will A be precluded from litigating the claim later?
A sues B on diversity. B impleads C. C (not diverse from A) then files a claim against P allowed by Rule 14(a)(2)(D) and permitted by supplemental jurisdiction.
From there, will supplemental jurisdiction cover A's counterclaim against C, if it would otherwise be compulsory if diversity existed? I am torn with this question because supplemental jurisdiction (section 1367) says it will not cover persons made parties under Rule 14.
If A cannot file a counterclaim against C, will A be precluded from litigating the claim later?