SMJ - Supplemental Jurisdiction

Question 1

Basic Idea

Answer 1

Form of SMJ but is fundamentally different from diversity and FQ.

Supplemental Jx gets claims into a federal case, even though the claims cannot use diversity of citizenship or FQ SMJ.

Question 2

Starting Point - Supp Jx

Answer 2

We must have a case that is already in federal court based on diversity or FQ. So the case invoked diversity or FQ and is pending in federal court. In other words, there must be something to “supplement”

Question 3

Supp Jx - Focus on additional claims

Answer 3

In any case in fed court, additional claims might be asserted. Maybe the P has additional claims or maybe there are counterclaims or crossclaims, etc.

The important takeaway is that the federal court must have SMJ over every single claim in a case.

Question 4

Additional Claim Analysis

Answer 4

1. check for diversity or FQ over the additional claim - each additional claim is first tested to see if it invokes diversity or FQ. If it does, it can be heard in the federal court case.
2. Check for Supplemental Jx if no diversity or FQ - The fed court can still hear the claim if it can invoke supp jx.

Question 5

How Supp Jx works - two steps

Answer 5

1. Common Nucleus Test - the claim that we want to get into federal court must share a common nucleus of operative fact with the claim that satisfied federal SMJ.

When is this always met?
When a claim arises from the same transaction or occurrence as the underlying case. However it is much broader than T/O.

2. Is it excluded?
   the supp jx statute excludes certain claims even though they meet the common nucleus test. But this limitation applies only in cases that got into federal court through diversity jx.

Question 6

Supp Jx - Diversity Limitation

Answer 6

In diversity cases, claims by plaintiffs generally cannot invoke supplement jx.

Question 7

Exception to Diversity Limitation

Answer 7

The exception to the limitation on diversity applies when there are multiple plaintiffs, and the claim by one of them does not meet the amount in controversy requirement.

Question 8

Summary of Supp Jx

Answer 8

1. assess whether the claim to be joined satisfies the common nucleus test
2. If so, ask wether the case got into fed court under diversity of FQ. If FQ, the limitation does not apply so supp jx is OK.
3. If the case got into fed court through diversity, then apply the limitation. The limitation is: There is no supp jx if the claim - a) is asserted by a plaintiff, and b) it is not multiple P’s and one P’s claim does not meet the amount in controversy requirement.

NOTE: This means that D’s and other non-plaintiffs generally may use supplemental jx. The limitation does not apply to them.

Question 9

Discretionary Factors

Answer 9

Even if we meet the requirements for supp jx, the court has discretion to decline it.