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Joinder question (civ pro)
Posted: Thu Dec 12, 2013 1:08 pm
by patienunderstanding
If a Plaintiff from NJ sues a Defendant from NY, in a federal ct., with a federal question claim for 60k and state law claim for 20k (and they are not related to each other), can the two be joined to meet the amount in controversy for diversity jurisdiction, or is there no need for diversity jurisdiction since there's a fed. question? If so, why? (I was thinking that there's no SMJ in the state law claim, and no supp. jurisdiction).
Thank you
Re: Joinder question (civ pro)
Posted: Thu Dec 12, 2013 1:35 pm
by Mr.Throwback
IF they're not related, the state law claim will need to brought in with its own SMJ. You will not be able to add the claims together to satisfy the requirement. Usually you can only aggregate against one single ∆.
Re: Joinder question (civ pro)
Posted: Sun Dec 15, 2013 6:07 pm
by bobbypin
Have you looked at rule 18(a)?
Re: Joinder question (civ pro)
Posted: Sun Dec 15, 2013 9:31 pm
by patienunderstanding
bobbypin wrote:Have you looked at rule 18(a)?
I was able to figure it out (I hope lol) thanks!