Supplemental SMJ

Question 1

What is supplemental SMJ

Answer 1

gets claims (not cases) into a federal case

Question 2

In order for supplemental jx to be included:

Answer 2

must have a case that is already in federal ct based on diversity or FQ…but claim itself need not have diversity or FQ jx

Question 3

An additional claim (ie crossclaims or counterclaims) must have on its own:

Answer 3

diversity or FQ SMJ

Question 4

What if additional claim does not satisfy the requirements for diversity or FQ SMJ?

Answer 4

Fed ct still hear if there is supplemental jx!

Question 5

Steps to get a claim into court with supplemental jx

Answer 5

STEP 1 - look for SMJ in additional claim (no need for supplemental jx if there is SMJ over add’l claim)

STEP 2

1. Common nucleus test - common nucleus of operative fact as the original claim that invoked original federal SMJ
   
   1. same T/O always satisfies common nucleus test
2. If yes, ask if claim got into court under FQ or diversity
   
   1. FQ - limitation does not apply so supp jx OK
   2. Diversity - apply limitation
      
      1. suppl jx can be used only if claim
         
         • asserted by multiple Ps and
         • one P does not meet AIC*

* different from aggregation b/c in that scenario there is ONE P aggregating their own individual claims against one D

Question 6

What is the limitation in diversity cases for using supplemental jx?

Answer 6

Claims by Ps generally cannot invoke supplemental jx (unless exception applies)

Question 7

Does supplemental jx limitation apply to Ds or other non-plaintiffs (ie 3rd parties)

Answer 7

NOPE! meaning D/non-plaintiffs free to use supplemental jx!

Question 8

If factors for suppl jx are met, can ct still decline?

Answer 8

YES!

usually when claim on which fed smj is based is dismissed early in the case

Question 9

When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist, the federal court has:

Answer 9

Discretion to exercise supplemental (pendent) jurisdiction over the state law claim if the two claims derive from a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding

Question 10

A court may not exercise supplemental jurisdiction over claims by plaintiffs against parties added as a third party (i.e. D impleads a third party)

Question 11

When fed ct has SMJ over one claim it has discretion to exercise supplemental jx over related claims that derive from same common nucleus of fact and are claims that a P would ordinarily be expected to try them in a single proceeding