SMJ - Supplemental JDX Flashcards
What is supplemental JDX? What are the two steps to assessing whether there is supplemental jdx?
Supplemental JDX allows additional claims – that do not on their own have the SMJ required to get into federal court – get into federal court if they can properly attach to proper claim. The other claim to which it attaches must be able to be in fed court based on either diversity or federal q. jdx.
Steps to analysis:
(1) Is original claim based on federal q JDX? Then –> common nucleus test: Claim must share “common nucleus of operative fact” with other claim. Ask: does the claim arise from the same transaction or occurrence? (if so, then def passes test, if not could still if just outside of that range)
(2) Is original claim based on diversity JDX? Then, generally additional claims can NOT get in based on supplemental JDX UNLESS:
- - it is a claim by a D or non-plaintiff and meets the common nucleus test
- - OR, it is a claim for an additional P that (a) meets the common nucleus test, and (b) the reason P cannot get diversity jdx is ONLY b/c they do not meet AIC req
Note: Check FIRST whether additional claim would have federal jdx on its own. If it does don’t need to go thru this analysis.
If claim gets in based on supplemental jdx, can court still deny to hear it?
Yes, federal court has discretion to hear supplemental jdx claims or not. E.g., if state law claim is complex or state law issues would predominate in the case OR if claim on which supplemental jdx is based gets dismissed early in case.
