Supplemental Jurisdiction Flashcards
§1367 (b)- Supplemental jurisdiction
When original jurisdiction is found solely on §1332 (diversity of citizenship):
The district court shall NOT have supplemental jurisdiction under subsection (a) over claims by P against person made parties for 3rd party practice, required joinder, permissive joinder or intervention or over claims by persons proposed to be joined as Ps (under 19 required joinder) or seeking to intervene as P when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdiction requirement of §1332
§1367 (c)
When may the courts decline to exercise supplemental jurisdiction over a claim under subsection (a)?
1) the claim raises a novel or complex issue of state law
2) the claim substantially predominates over the claim(s) over which the district court has original jurisdiction
3) the district court has dismissed all claims over which it has original jurisdiction
4) in exceptional circumstances, there are other compelling reasons for declining
Period of limitations for any claim under §1367(a):
Shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless state law provide for longer
What does “State” include under 1367(a)?
District of Columbia, commonwealth of Puerto Rico, and any territory or possession of the US
§1367(a)
Supplemental jurisdiction
(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal state, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the US constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties
