Supplemental Jurisdiction

Question 1

Can federal ct. decide the claim?

Answer 1

Needs SMJ over claim; satisfied by either:
- Diversity (complete + AIC > 75k)
- Federal question
- Supplemental Jurisdiction

Question 2

Pendant Jurisdiction

Answer 2

• P asserts federal Q against non-diverse party in federal ct. & adds related state law claim part of same case/controversy
• Ex: FMLA + Contract claim
• Fed. ct. has jurisdiction

Question 3

Ancillary Jurisdiction

Answer 3

• Ds can assert claims against other parties even if fed. ct. would not have jurisdiction over the claims if asserted separately
• As long as claims are part of same case/controversy
• Ancillary allows a break of diversity as long as one claim is under federal SMJ

Question 4

United Mine Workers v. Gibbs

Answer 4

• P asserted federal claim against D under LMRA and 2nd claim under state law for interference with contractual relations
• Ct. found Supp. J existed

Question 5

Gibbs Standard

Answer 5

2-part Test:
- There is a substantial fed. Q in case
- State and fed. law claims MUST arise from common nucleus of operative facts

Question 6

Court may decline discretion if:

Answer 6

• 1367(c)
• There is novel or complex state law
• state issues predominate
• if all fed. law claims been dismissed
• Other compelling reasons to decline jurisdiction ex. jury confusion

Question 7

Diversity Cases

Answer 7

Supp. jurisdiction not permitted over state law claims by Ps against party if bringing claim would destroy diversity