SMJ- Supplemental Jurisdiction Flashcards
When can supplemental jurisdiction be used?
When you already have a case that is already in federal court based on diversity or FQ
Can additional claims be asserted?
Yes, but the federal court must have SMJ over every single claim in the case
What is the process for supplemental jurisdiction?
- First check if the claim has FQ or diversity on its own
- Look for supplemental jurisdiction -
A. shared common nucleus of operative fact with the claim that satisfied SMJ (same transaction or occurrence as underlying case)
B. Limitations for diversity supplemental
What are the limitations for diversity of citizenship supplemental jurisdiction?
Claims by plaintiffs cannot invoke supplemental jurisdiction EXCEPT
If there are multiple plaintiffs, and the claim by one of them does not meet the amount in controversy requirement, plaintiff can aggregate the claims to hit the amount in controversy
When does the court typically deny supplemental jurisdiction claim?
When the claim that has SMJ is dismissed early in the case