The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

P, a citizen of Iowa, brings a multimillion dollar diversity action for wrongful death in the proper U.S. District Court against her husband’s employer, D Construction Company, a Idaho corporation. She alleges that D negligently allowed the scaffolding to collapse when her husband was walking beneath it. D impleads the manufacturer of the scaffolding. T, alleging that it would have a right to indemnify from T as a consequence of the latter’s negligent manufacture of the equipment in question. T is an Iowa corporation. P was granted leave to file an amended complaint alleging negligent manufacture against T. Thereafter, T moved to dismiss P’s action against it for lack of subject matter jurisdiction. Which of the following statements is correct?

A. The motion should be denied because of the pendent jurisdiction doctrine.
B. The motion should be denied because of the ancillary jurisdiction doctrine.
C. The motion should be granted because diversity is lacking.
D. The motion should be granted because there is diversity between P and D.

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