United States Ninth Circuit

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Herklotz v. Parkinson, 07-56657

In a state law crossclaim arising out of a diversity action, the district court's Fed. R. Civ. P. 12(b)(6) dismissal is vacated and remanded with instructions to dismiss for lack of jurisdiction where: 1) once defendant's crossclaim was severed, it became an entirely new and independent case that must have an independent jurisdictional basis; and 2) defendant could no longer rely on the supplemental jurisdiction afforded by 28 U.S.C. section 1367(a).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/14

Judges

  • ZOUHARY

Court

  • United States Ninth Circuit

Counsel


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