How can a permissive counterclaim obtain federal jurisdiction?

A permissive counterclaim can obtain federal jurisdiction through an independent basis for subject matter jurisdiction. This means that the counterclaim must have its own justification for being heard in federal court, separate from the original claim. Such an independent basis usually involves satisfying either the complete diversity requirement (where parties are from different states) or meeting the amount in controversy threshold, which is typically over $75,000.

While permissive counterclaims can relate to the same transaction or occurrence as the original claim, this alone does not grant federal jurisdiction. Similarly, agreement between parties to bring a case in federal court does not establish jurisdiction independently; it must be rooted in established legal criteria. Therefore, having an independent basis for federal subject matter jurisdiction is crucial for a permissive counterclaim to be heard in federal court.