Harrison v. M.S. Carriers, Inc.

Harrison, driving a vehicle carrying passengers Gilbert and Daniels (plaintiffs), collided with a tractor owned by M.S. Carriers (defendant); all three sued M.S. Carriers and others in Louisiana state court, and the case was removed to federal court based on diversity jurisdiction. Gilbert and Daniels then sought to amend their complaint to add negligence claims against their co-plaintiff Harrison and his insurer, but Harrison lacked diverse citizenship from Gilbert and Daniels, which would have destroyed the basis for federal jurisdiction. A magistrate judge denied the motion to amend without prejudice, suggesting Gilbert and Daniels instead bring a cross-claim against Harrison and separately amend to add his insurer, and Gilbert and Daniels sought review of that order.