Supplemental Jurisdiction

Question 1

Supplemental Jurisdiction Basics

Answer 1

• SJ is a form of FSMJ but it fundamentally different from diversity & FQ
• Diversity & FQ get cases into fed ct, SJ does not
• Instead, it gets claims into a fed case even though the claims cannot use DCJ/FQJ

Question 2

Starting Point for SJ

Answer 2

There must be a case that is already in fed ct based on DCJ/FQJ

Question 3

Additional Claims

Answer 3

Additional claims, counterclaims/crossclaims, etc., the fed ct must have SMJ over every single claim in a case

Question 4

Step 1: Check for DCJ/FQJ over additional claim

Answer 4

• Each additional claim is first tested to see if it invokes DCJ/FQJ
• On an essay, do NOT forget this step, always address whether a claim invokes DCJ/FQJ, then address SJ

Question 5

Step 2: Check for SJ

Answer 5

• If additional claims do not invoke DCJ/FQJ, the ct can still hear it if the claim can invoke SJ

Question 6

How SJ works:

Answer 6

• In order to join an additional claim to a case that is properly in fed ct, SJ must exist
• The claim we want to get into fed ct must share a CNOP with the claim that satisfied FSMJ
• This test is always met when a claim arises from the same T/O as the underlying case.
• The test is broader than T/O

Question 7

Limitation on use of SJ in Diversity Cases

Answer 7

• The SJ statute excludes certain claims even though they meet the CNT
• Limitation only applies to cases that got into fed ct through DCJ, not to cases that got into fed ct through FQ
• In diversity cases, claims by Ps generally cannot invoke SJ
• One exception: where there are multiple Ps, and the claim by one of them does not meet the AIC requirement. Any other time a P has an additional claim in a diversity case, it cannot invoke SJ, so it must satisfy DCJ/FQJ

Question 8

Summary of SJ

Answer 8

Steps to follow on a question asking about SJ:
- Assess whether claim to be joined satisfied CNT
- If so, ask whether the case got into fed ct under DCJ/FQJ.
- If FQJ, limitation does not apply, so SJ is ok.
- If DCJ, apply limitation: There is no SJ if the claim is asserted by a P and the multiple P exception does not apply
- Note: Ds & other non-Ps generally may use SJ. Limit does not apply to them

Question 9

Discretionary Factors

Answer 9

• Even if requirements for SJ are met, ct has discretion to decline it
• It can do so if the state law claim is complex or state law issues would predominate the case
• More likely reason: It can decline SJ if the claim one which FSMJ is based is dismissed early in the case