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Owen Equipment. Structure of the Lawsuit. P sues D for PI. D sues 3PD for Contribution. P amends to sue 3PD for PI. P. D. 3PD. sues. sues. Structure of the Lawsuit. D wins SJ v. P. This eliminates D v. 3PD. All that’s left is P v. 3PD. P. D. 3PD. sues. sues.
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Structure of the Lawsuit P sues D for PI D sues 3PD for Contribution P amends to sue 3PD for PI P D 3PD sues sues
Structure of the Lawsuit D wins SJ v. P This eliminates D v. 3PD All that’s left is P v. 3PD P D 3PD sues sues
Citizenship of Parties 3PD Inc’d Neb PPB Neb 3PD Inc’d Neb PPB Iowa P Iowa D Neb v. Fooled You! P D 3PD sues sues
Focus on the 3rd Party Complaint • Is it within diversity? • Is it within supplemental jurisdiction? • Why or why not? IA NE NE IA sues sues
Focus on P’s Claim v. 3PD • Is it within diversity? • Is it within supplemental jurisdiction? • Why or why not? IA NE NE IA sues sues
What Limits Supplemental Jurisdiction? Statute Constitution (Gibbs) Discretion Where is D’s 3PC ? Where is P’s claim v. 3PD ?