7. Supplemental Jurisdiction

Question 1

What is USC 1367 Supplemental Jurisdiction state?

Answer 1

1. There must be an anchor as the nucleus of operative fact that qualifies for federal court, then claims related to the anchor that are part of the same case or controversy, otherwise SJ use is unconstitutional
2. Original jurisdiction is founded on 1332 (diversity) then there is no SJ for the original plaintiff’s claim against a third-party brought in by rule 14, 19, 20, or 24
3. The court can be discretionary with SJ if
   the claim is novel or complex issue of state law, the state law claim is predominating over the original claim, the court dismissed all claims regarding the original jurisdiction, exceptional circumstances where there are compelling reasons for declining jurisdiction

Question 2

Q. If a third-party brought by defendant through rule 14 is joined and they bring a rule 14 claim against the original plaintiff. There is no diversity between the two and the plaintiff wants to file a counter claim that arises from the same transaction or occurrence then what happens?

Answer 2

1. Court will say that the third-party cannot bring a rule 14 claim against the original plaintiff because it would not allow the plaintiff to file compulsory claims and it would need to be its own suit OR
2. The court will say that the compulsory claim is no longer compulsory in that case and may be brought up in a different suit because the plaintiff will not waive the right to that claim.