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Civil Procedure, John H. Garvey, Beth Pederson Doutt
Civil Procedure, John H. Garvey, Beth Pederson Doutt
Scholarly Articles
No abstract provided.
Limits Of Ancillary Jurisdiction, John H. Garvey
Limits Of Ancillary Jurisdiction, John H. Garvey
Scholarly Articles
In Owen Equipment & Erection Co. v. Kroger the Supreme Court last Term addressed for the first time the permissible scope of ancillary jurisdiction under the Federal Rules of Civil Procedure. Although the Court approved using the doctrine in the situations to which it has most commonly been applied, it disapproved applying the doctrine to a plaintiff's claim against a nondiverse third-party defendant. This Article suggests that the line drawn by the Court in Kroger is likely to be particularly mischievous and is inconsistent with the justifications of fairness, convenience, and economy generally advanced to support the doctrine of ancillary …