3IsnotesCIVpro - toof located 1391(a etc...

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§ 1335 Rule 22 Contrast Areas Minimal Diversity only b/t 2 or more claimants Complete diversity b/t stakeholders and all claimants Diversity Nation-wide service of process (§ 2361) 4 – look to long-arm statutes of the states, personal service, etc Service of Process $500 $75,000 Amt in Controversy Must put money into escrow No requirement Deposit of Stake , or where events occurred or property located (§ 1391(a)) ct of residence of one or more claimants (§ 1397) Venue 2 diverse claimants and $500 minimum claim ity or amt-in-controversy requirement at all If Fed Q claim ants are from one state, MUST use rule interpleader Impleader Also known as 3 rd Party practice Allows a ∆ to bring in another ∆ who may be liable at least in part Works under the doctrine of “If I’m liable to Π , then you’re liable to me Think Zurcher v. Asahi: Cheng Shin, tire manufacturer seeks to implead Asahi, the company who made the faulty valve stem Zurcher Π Cheng Shin Asahi R14 controls Impleader refers to s right to bring in (implead) a 3d party who may be liable for all/part of Π s claim against (lots of times for indemnification ) – Goal of R14 is to get everything consolidated for efficiency/convenience R 14: , acting as 3d-party Π , can serve summons/complaint on a 3d party who is or may be liable to for all or part of Π s claim against can implead 3d party w/in 10 days after serving original answer, after that, must obtain leave from ct (3d-party Π ) must serve new 3d-party according to R 4 and complaint must be ok under R 8-11… then new 3d-party gets to respond under R 12, and gets all same options to answer/move to
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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3IsnotesCIVpro - toof located 1391(a etc...

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