Joinder/supplemental juris

Question 1

will a case be dismissed just cuz of wrong RPI?

Answer 1

No, not a good defense (normally no, but “facts” could possibly get it dismissed)

Question 2

RPI

Answer 2

real party of interest, rule 17

Question 3

If someone other than the RPI sues a defendant, what can the defendant do?

Answer 3

17(a)(3) file a motion/objection to substitue RPI & wait a reas. time to see if changed. THEN… FILE MTD for lack of SMJ (if substitution destroyed diversity)

Question 4

Persmissive Joinder Rule

Answer 4

rule 18

Question 5

If permissive joinder not ideal judge can ….

Answer 5

order separate trials under 42(b) to avoid:
-confusing jury
-prejudice/unfairnes
-convenience/schedules
(no separate docket #'s, same case)

Question 6

With permission joinder watch out for

Answer 6

what preclusion rule says

Question 7

United Mine Workers v. Gibbs (1996) RULE:

supplemental juris

Answer 7

Fed cts have suppl jurisdiction over claims that derive from a common nucleus of operative fact w/a claim that invokes federal SMJ.

Question 8

why supplemental juris is constitutional?

Answer 8

Fed ct takes over a “case or controversy”, so is constitutional because it is “so closely related to claim that invoked jurisdiction because it arrived out of the same case or controversy. (article 2, sec III rule)
“pendant jurisdiction exists whenever…….”

Question 9

why allow supplemental juris

Answer 9

policy:
- judicial economy
- fairness to litigants

Question 10

why court wouldn’t allow supplemental juris

arguments

Answer 10

<–jury confusion

Question 11

Can a state law claim get dismissed mid trial?

Answer 11

yes

Question 12

Risk of supplemental juris

Answer 12

eviscertating diversity rule & would have too many claims

Question 13

If didn’t allow supplemental jurisdiction what would happen?

Answer 13

• file everything in state court (meet preclusion req, but loose fed forum)
• file 1 in fed & 1 in state, but then risk preclusion

Question 14

Capacity

Answer 14

17(b) person’s ability to sue or be sued; Not RPI, ensures represented adequatley

Question 15

When will courts decline to exercise supplemental juried?

1367(c)

Answer 15

IN exceptional circumstances: 1367(c)

• novel/complex state law
• claim subst’ly predominates over claims where district court had orig. juried
• district court dismissed all claims over which has orig juris
• other compelling reasons

Question 16

Is jury confusion or economy, fairness mentioned in 1367(c) reason to decline?

Answer 16

NO

Question 17

Does 1367 toll SOL for state claim?

Answer 17

yes, while pending in fed ct and then can apply to state court; don’t want court manipulation