Civ Pro- §1367(b) question! Forum

[iworkforlsac]

Part of 28 U.S.C. §1367(b) states that a plaintiff cannot bring any claim using supp. jx. against parties joined under 14, 19, 20, 24.

Does this provision apply only to an original plaintiff of the suit? Or does it also apply to defendants who counter-claim, and thus are on the plaintiff side on that counter-claim?
(i.e. Can a defendant, using supp. jx., make a counter-claim against a party that the plaintiff impleaded under Rule 14?)

[Nebby]

Plaintiff only. It says so right in 1367.

[iworkforlsac]

OK, that's what I was thinking. Thanks.

[Nebby]

The concept is that since defendants don't get to choose the forum, then they shouldn't be held to the rigid subject matter jurisdiction requirements of the plaintiff. It wouldn't be fair and could lead to plaintiffs forum shopping with the goal of cornering the defendant into a forum where they can't crossclaim.

[suzige]

1367 is a bitch. good luck.

[iworkforlsac]

It is a bitch indeed.

[PotLuck]

Watch the Freer Barbri videos, I can't stress that enough. He clears this up nicely. 1367a = Basically Gibbs operative nucleus test. 1367b = diversity cases brought by P only. 1367c = ct discretion.