Supplemental Jurisdiction

Question 1

Independent claims

Answer 1

A claim is independent is it can pave its own way to federal court, meaning it satisfies Federal Question Jurisdiction

Question 2

Supplemental claims

Answer 2

A claim is supplemental if it doesn’t satisfy federal question jurisdiction on its own, but is trying to make its way to federal court by piggy/backing off another claim

A claim can only be supplemental to another if they both arise out of a common nucleus of operative facts

Question 3

Three tests to determine if claims arise out of a CNOF

Answer 3

1. Giveth (CNOF)
2. Taketh away (No claims by plaintiff in diversity only cases)
3. Conditioneth (should supplemental jurisdiction not be exercised due to discretionary factors?)

Question 4

Giveth (CNOF)

Answer 4

The more claims overlap, the more likely to satisfy this test. If events are distant in time and place, less likely to share a CNOF)

Question 5

Taketh Away

Answer 5

Supplemental jurisdiction is taken away from any supplemental claim asserted by a plaintiff in which the independent claim is based solely on diversity rather than a federal question

A defendant may bring supplemental claims on the basis of diversity jurisdiction

Question 6

Conditioneth: Four Factors Weighed

Answer 6

Exercise of supplemental jurisdiction may be refused if any of the four factors are weighed against it:

1. Supplemental claim raises a novel or complex question of state law
2. Supplemental claim predominates over independent claim (supplemental claim is more important or there are more state claims than federal claims)
3. The independent claim has been dismissed (triggers that supplemental claim should be dismissed)
4. Extraordinary circumstances creating other reasons