Back to Questions
Federal Rules of Civil Procedure (FRCP)
QUESTION #3689
Question 1
A plaintiff (State A) sues a defendant (State B) for $\text{\$80,000}$ in federal court. The defendant impleads a third-party (State A) for indemnity under Rule 14. The plaintiff then amends the complaint to assert a $\text{\$50,000}$ claim directly against the third-party defendant. Does the court have jurisdiction over the plaintiff's new claim?
Correct Answer Explanation
In cases founded solely on diversity, 28 U.S.C. $\S 1367(b)$ excludes supplemental jurisdiction over claims by plaintiffs against persons made parties under Rule 14 (impleader) if it would be inconsistent with the requirements of diversity jurisdiction (complete diversity).
Sign in to join the conversation and share your thoughts.
Log In to Comment