Supplemental Jurisdiction

Question 1

What is supplemental jurisdiction?

Answer 1

Supplemental jurisdiction allows a federal court with SMJ over a case to hear additional claims over which the court would not independently have jurisdiction if ALL the claims constitute the SAME CASE OR CONTROVERSY (arise out of common nucleus of facts).

Question 2

In diversity jurisdiction cases, what are the three types of claims where a federal court may have supplemental jurisdiction?

Answer 2

1) Compulsory counter claim
2) Permissive counter claim
3) Cross-Claim

Question 3

What is a compulsory counter claim?

Answer 3

A compulsory counterclaim is a counter claim that arises out of the same transaction or occurrence as the original claim filed. A federal court sitting in diversity has supplemental jurisdiction over a compulsory counterclaim.

Question 4

What is a permissive counter claim?

Answer 4

A permissive counter claim is a counterclaim that does NOT arise out of the same transaction or occurrence as the original claim filed. A permissive counterclaim can ONLY be heard if it INDEPENDENTLY satisfies diversity jurisdiction (diversity and amount in controversy).

Question 5

What is a cross-claim?

Answer 5

A cross-claim is a claim filed by a plaintiff against another plaintiff or by a defendant against a co-defendant. A federal court sitting in diversity jurisdiction has supplemental jurisdiction over a cross-claim if the cross-claim arises out of the same transaction or occurrence as the original claim.