Supplemental Jurisdiction Flashcards
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 claims constitute the same case or controversy.
• Arising out of the common nucleus of operative fact. (Same transaction or occurrence.)
Compulsory Counterclaim
o A federal court sitting in diversity has supplemental jurisdiction over compulsory counterclaim (regardless of AIC)
Permissive Counterclaim
o Permissive Counter claim can only be heard if it independently satisfies complete diversity + $75,000
Crossclaims
Claim by P against another P or D against a Co-D. Supp Jurisdiction applies if the main claim shares a common nucleus of operative fact. (they do not have to be diverse or meet AIC)
Permissive Joinder
o Permissive Joinder: Additional claim asserted by the Plaintiff seeking to join the action , the addition cannot result in a violation of complete diversity.
♣ Complete diversity of all named Plaintiffs
♣ One of them has a claim exceeding $75,000
♣ All claims arise out of the same transaction or occurrence