Law School Discussion

Civil Procedure Question


  • ****
  • 125
    • View Profile
Civil Procedure Question
« on: July 15, 2011, 05:09:30 AM »
If a plaintiff sues in federal court solely on the basis of diversity jurisdiction, and the defendant impleads a party from the same state as plaintiff, will this destroy diversity and boot the whole lot out of federal court?

Re: Civil Procedure Question
« Reply #1 on: July 15, 2011, 06:17:42 PM »
Seems to me that it would, considering that complete diversity is required.  But I think the court would not automatically dismiss for lack of subject matter jurisdiction, but rather the other party would have to move to dismiss the case. 

Re: Civil Procedure Question
« Reply #2 on: July 27, 2011, 02:46:54 PM »
Yes it would since the sole basis is diversity. They would have to be a necessary party to the action.