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Civil Procedure Keyed to Erichson
Viacom International, Inc. v. Kearney
Citation:212 F.3d 721 (2d Cir. 2000)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Viacom (Plaintiff) sued Kearney (Defendant) in federal court exercising diversity jurisdiction for costs arising from the environmental cleanup of the facilities at Taylor Forge Stainless. Kearney filed counterclaims against Viacom and third-party complaints against two additional parties. One of these parties filed a fourth-party complaint against Taylor Forge. The court granted Kearney’s motion to dismiss the action, holding that Forge was a necessary and indispensable party who could not join in Kearney’s counterclaims because this would destroy the court’s diversity jurisdiction. Viacom appealed the dismissal of the case.
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