Goals

1
Goals

• To finish understanding R14.
• To further our understanding of 1367 by applying
  it to several fact patterns.
• To figure out what the heck Exxon means for our
  charts and analyses.

2
Problems 754

• 1
• 2
• 3 (be sure you understand his reasoning)

3
Kroger (755)

• On the state of pleadings as of start of trial,
  was there SMJ over plaintiffs claim against
  Owen?
• What came out at trial that affected SMJ?
• Why do you think this came out at trial, 2 years
  into suit?
• On the state of pleadings 3 days into trial, was
  there SMJ over plaintiffs claim against Owen?

• Iowa plaintiff sues OPPD, a Nebraska Defendant.
• OPPD impleads Owen
• Why does 14(a) give authority for OPPD to implead
  Owen?
• Plaintiff then asserts a claim against Owen,
  ostensibly a NE citizen.

4
Kroger (755)

• At trial, plaintiff established negligence and
  the jury awarded 240k for the death of her
  husband, and father of her four children, even
  though a plaintiff resident of Iowa was suing a
  defendant citizen of Iowa.

• Supreme Court did what?
• Is that insane?
• What about Rule 8(b)? Judicial estoppel?

5
Exxon

• Facts of the non-class case?
• What was the issue?
• Majority approach?

• What impact does Exxon have on our analyses?

6
Kroger Today

• Do courts today have SJ over Mrs. Krogers claim
  against fellow Iowan Owen?
• Remember only source of SJ is 1367.
• Problem 4, p. 761?

• Suppose her anchor claim against OPPD had been
  based on FQ, and then she made the same state
  claim against Iowan Owen.
• SJ?

7
Stromberg (Ill tell you about it)
Stromberg Two plaintiffs one
defendant. Plaintiff 1 brings diverse 75k
claim against Defendant Plaintiff 2 brings
diverse What if One plaintiff two defendants. Plaintif
f 1 brings diverse 75k claim against
Defendant Also brings nondiverse 75k claim
against Defendant 2 SJ?
8
1367 Supposedly Only Codified Kroger

• There is this enormous split in the courts as to
  what 1367 does.
• Some courts look at legislative history, which
  says all this thing was meant to do was codify
  Kroger.
• Other courts look only at the statute and say,
  woaah Nellie! It does way more than that!
• We are textualists here and they were
  (supposedly) in Exxon.

• Does the flow chart work?
• Does the abstract art chart work?