United States Ninth Circuit
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
- Decided
- Published 2017/02/14
Judges
- ZOUHARY
Court
- United States Ninth Circuit