Supplemental Jurisdiction Flashcards
1
Q
What is needed for Supplemental jurisdiction?
A
1367(a) case is so related that they form part of the same case or controversy
1367(b) 1367 (a) is taken away If there is only SMJ through 1332 and the claim is by a person made party under rule 14, 19, 20, and 24. Or persons proposed to be joined as plaintiffs under rule 19 / 24(intervene)
Doesn’t apply to claims asserted by D or (new Ps v original defendant)
1367(c) can decline to exercise (a) if 1. raises a complex issue of state law 2. second claim substantially predominates first claim $$$ 3. If in light of dismissal of a claim that was the only action which court had original jurisdiction. 4. Exceptional compelling circumstances
