Legal Question in Civil Litigation in Maine
Jurisdiction over Causes of Action
Hi! To start, I should stress this question is really moot (academic) and not related to a real case. I'm just trying to understand some concepts of jurisdiction.
Assuming that a person commited a tort against a resident in another state (and knowing he was in that state) and therefore falls under the minimum contacts, can that resident bring other causes of action that otherwise raised in a lawsuit alone wouldn't work because of a lack of jurisdiction?
In other words, can an act placing the defendant under specific jurisdiction due to one tort allow the plaintiff (in addition to the one tort we know can be raised) to raise other causes of action for different torts that normally wouldn't fall under the other state's jurisdiction?
I guess an analogy would be supplemental jurisdiction in federal courts.
Thank you!
1 Answer from Attorneys
Re: Jurisdiction over Causes of Action
The short academic Answer is no- subject matter jurisdiction is not created because of a lawsuit. Think of it as this- A&B live in NH and VT respectively. A agrees to build B's house. They are friends and vacation in Maine. While in Maine, B gets drunk and hits A with his car. A could sue in VT where B lives, or if Maine's damages statutes are more favorable, A can sue in Maine. If A does so, that does not allow B to counterclaim for breach of contract, nor can A add that as a seperate Count.
The longer answer is that in an adversary system and in the real world, B may not object to the extra claim and may not move to dismiss. It is all about what B perceives to be in his/her advantage. Also a Maine Judge may not dismiss sua sponte and the claim could actually be litigated.
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