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sam91

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Jurisdictional Question

Post by sam91 » Fri May 08, 2015 3:19 pm

If P sues D1 and D2 and properly invokes federal question jurisdiction, does the district court have jurisdiction over D1s cross claim against D2 if its NOT related (so no 1367) but its over 75k and they are from different states? Can that be acceptable under 1332 even though its a cross claim and not related to the original 1331 claim by P?
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jphiggo

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Re: Jurisdictional Question

Post by jphiggo » Fri May 08, 2015 3:26 pm

You would need a valid crossclaim under 13(g) related to same t/o, before the other claim could come in, even though it has sufficient qualities for SMJ.

Caveat: IIRC
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sam91

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Re: Jurisdictional Question

Post by sam91 » Fri May 08, 2015 3:48 pm

jphiggo wrote:You would need a valid crossclaim under 13(g) related to same t/o, before the other claim could come in, even though it has sufficient qualities for SMJ.

Caveat: IIRC
I thought so too, but some rando internet multiple choice questions said otherwise.
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