Civil Procedure Flashcards
As a general rule, a party may assert a cross-claim against a co-party only if…
the cross-claim arises from the same transaction or occurrence as that of the original action or of a counterclaim. However, once the party has filed such a cross-claim, he also may join with it any other claim that he has against the same party.
Once a party has filed a cross-claim against a co-party that arises from the same transaction or occurrence, he also may…
join with it any other claim that he has against the same party, regardless of whether it is related to the original transaction or occurrence.
Even with complete diversity and the AIC met, a case may not be removed on the basis of diversity jurisdiction if…
Any defendant is a citizen of the state in which the action was filed.
When a case is removed from state court to federal court, venue is ALWAYS set in…
the federal district court that embraces the state court in which the action was pending