Supplemental Jurisdiction

Question 1

§1367(a) Supplemental jursdiction requirements

Answer 1

1. Related/common nucleus of operative fact;
2. Cannot circumvent lack of diversity over 3P;
3. Does not require AIC by P or diversity by D’s impeaded claim;
4. Cannot be used solely to defeat diversity and common nucleus requirements
5. Judicial economy reasons

Question 2

§1367(b) Supplemental jurisdiction does not apply when

Answer 2

1. P’s claims under Rules 14, 19, 20, or 24
2. Ps joined under Rule 19;
3. Ps intervening under Rule 24;
4. When exercising is inconsistent with §1332 (diversity jurisdiction)

Question 3

§1367(c) Court’s discretion to exercise supplemental jursiction if

Answer 3

1. State law claim presents a novel/complex issue of state law;
2. State law claim substantially predominates over claim w/ independent basis for supplemental jursidiction;
3. Federal court dismissed claims w/ independent basis for supp;
4. Exceptional circumstances.

Question 4

§1367(c) Supplemental jursidiction - state claim substantially predominative federal claim

Answer 4

A court examines:

1. Types of claims involved;
2. Kinds of proof required;
3. Scope of issues raised;
4. Comprehensiveness of remedies sought.

Question 5

§1367(c) Supplemental jursidiction - 4. Exceptional circumstances

Answer 5

1. Construed narrowly - exception not rule;
2. Considerations which implicate SJ doctrine, such as judicial economy

Question 6

§1367(b) When prospective P can join

Answer 6

1. Under Rule 20
2. AIC not required
3. Diversity still required

Question 7

§1367(b) When P can sue a 2nd D

Answer 7

1. Common nucleus
2. AIC
3. Diversity

In other words, each D added must separately qualify under diversity jursidiction to be added under supplemental jurisdiction.