• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

any lawyers out there?!?!

C

Corporate Thug

Lifer
If Plaintiff is bringing suit to two parties, has only served one (who is diverse from the plaintiff) and has yet to serve to second (who is not diverse from the plaintiff), can the defendent who is served first file a motion to remove the case to federal court before the second defendant is served? will the motion to remand to state court be granted as soon as the second party is served?
 
Why would the federal court remand it to state court just because the third party was impleaded? As long as the case satisfies the $75,000 threshold for diversity jurisdiction, I don't see why the case wouldn't stay in federal court. IT's not as though the presence of the third party could destroy diversity.
 
Originally posted by: DonVito
Why would the federal court remand it to state court just because the third party was impleaded? As long as the case satisfies the $75,000 threshold for diversity jurisdiction, I don't see why the case wouldn't stay in federal court. IT's not as though the presence of the third party could destroy diversity.
Click to expand...

how does the third party not destroy diversity???
 
Originally posted by: Corporate Thug

how does the third party not destroy diversity???
Click to expand...

It can't, by definition. In your hypothetical, there is already diversity between the two parties (say the plaintiff is in California and the defendant in Nevada). Even if you add another defendant from one state (say, California), you still haven't destroyed diversity.
 
Its amazing how little i remember from Civ Pro from last year... Lemme see if i can find it in my FRCP....
 
Originally posted by: aphex
Its amazing how little i remember from Civ Pro from last year... Lemme see if i can find it in my FRCP....
Click to expand...

I remember even less - I took Civ Pro nine years ago. Still, I can't see why the third party would cause the case to be remanded to state court.
 
so a plaintiff cannot destroy diversity? what if a defendant adds another defendant to that is from the same state as the plaintiff? is diversity destroyed then?
 
Originally posted by: DonVito
Originally posted by: aphex
Its amazing how little i remember from Civ Pro from last year... Lemme see if i can find it in my FRCP....
Click to expand...

I remember even less - I took Civ Pro nine years ago. Still, I can't see why the third party would cause the case to be remanded to state court.
Click to expand...

I'm pretty sure your right, but i've almost found it...
 
"Impleading a third party claim DOES NOT affect the court's jurisdiction over the original claim" However, there must still be a basis for subject matter jurisdiction over the impleader claim, if not, possible "supplemental jurisdiction" under 27 U.S.C. 1367a.

From, Examples and Explanations: Civil Procedure, Glannon.
 
Originally posted by: aphex
"Impleading a third party claim DOES NOT affect the court's jurisdiction over the original claim" However, there must still be a basis for subject matter jurisdiction over the impleader claim, if not, possible "supplemental jurisdiction" under 27 U.S.C. 1367a.
Click to expand...

nice, thanx a lot. i was lookin at 1447 😕
 
Originally posted by: Corporate Thug
Originally posted by: aphex
"Impleading a third party claim DOES NOT affect the court's jurisdiction over the original claim" However, there must still be a basis for subject matter jurisdiction over the impleader claim, if not, possible "supplemental jurisdiction" under 27 U.S.C. 1367a.
Click to expand...

nice, thanx a lot. i was lookin at 1447 😕
Click to expand...

Any further and i'd have to turn to lexis... Can't find my FRCP 🙁

Man, how the HELL did i get a 3.5 in that class? I don't remember a DAMN thing...
 
Originally posted by: RaynorWolfcastle
ah, how I love lawyer lingo. It's complete gibberish to everyone but lawyers!
Click to expand...

Unfortunately, ya get used to it quickly...
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top