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Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 5:18 pm
by 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?)

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 6:12 pm
by Nebby
Plaintiff only. It says so right in 1367.

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 6:17 pm
by iworkforlsac
OK, that's what I was thinking. Thanks.

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 6:21 pm
by 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.

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 6:26 pm
by suzige
1367 is a bitch. good luck.

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 7:30 pm
by iworkforlsac
It is a bitch indeed.

Re: Civ Pro- §1367(b) question!

Posted: Mon May 12, 2014 7:56 pm
by 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.