United States First Circuit

In a suit against an attorney's malpractice insurers, dismissal for failure to join a necessary and indispensable party who would destroy diversity jurisdiction is affirmed where the district court did not abuse its discretion in determining that the party was necessary and indispensable, and the supplemental jurisdiction statute did not render the party's inclusion feasible since the presence of a non-diverse party destroyed the court's original jurisdiction.

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• George Richardson, with whom Stefano Picciotto, Judith Picciotto, Melita Picciotto, and Athena Picciotto, pro se, and James M. Shannon, were on brief, for appellants.


• For Appellees:
  
• Scott D. Burke and Harvey Weiner, with whom Timothy O. Egan, Peabody & Arnold LLP, Morrison Mahoney LLP, Michael R. Byrne, and Melick, Porter & Shea LLP, were on brief, for appellees.