Supplemental Jurisdiction Flashcards
First step under 1367a
is there a claim that has SMJ on its own
if on 1332 must have complete diversity
Second step under 1367a
is there an attached claim that doesn’t have SMJ
Third Step under 1367a
are they factually related
Fourth step under1367b
is the freestanding claim based on diversity?
Fifth Step under 1367b
is it asserted by a single plaintiff, R19 plaintiff, or rule 24 plaintiff
Gap rules
plaintiff asserting the claim is a R20 or R23 plaintiff
Sixth step under 1367b
is the claim against a R14,R19,R20, or R24 party
Seventh Step under 1367c
court can decline SMJ if it wants to even if it passes all the tests
Results of answers to the steps
1- yes: keep going no: no SMJ 2- yes: keep going no: no SMJ 3- yes: keep going no: No SMJ 4- yes: keep going no: discretion 5- yes: keep going No: discretion 6- yes: SMJ destroyed no: discretion
relation between 1367a and 1367b
1367a gives SMJ 1367b destroys whats given by a
Exxon Mobile
contamination theory
A party/ claim cannot be joined under supp jurisdiction if it will destroy the complete diversity over cases that are based on diversity because it takes away the pupose of providing a federal forum
pendant jurisdiction
applied to federal question claims, allowed a plaintiffs claims that were factually related to the federal question claim to be added
ancillary jurisdiction
jurisdiction over claims that were not the original claims and therefore almost exclusively acted on claims brought by the defendant, applied to both diversity and federal question cases