SMJ - Supplemental Jdx Flashcards
(10 cards)
Supp Jdx Def
Gets claims into a federal case, even though the claims cannot use diversity of citizenship or FQ SMJ
Supp. JDX Starting Point !!!!
Must have a case already in fed court based on SMJ so there must be something to supplement
Focus on Add’l Claims !!!
The fed court must have SMJ over every single claim in a case
Add’l Claims: Step 1 - check for SMJ with diversity or FQ
Check for Diversity or FQ jdx over the additional claim - if add’l claim satisfies either, it can be heard in the federal court case without needing supplemental jdx
Step 2: check for supp jdx if no diversity or FQ
If no diversity or FQ SMJ - court can still hear the claim if it can invoke supplemental jdx
How supplemental jdx works !!!
Two steps: the common nucleus test and determine if case got into fed court under diversity for the limitation
Common Nucleus Test
Claim that we want to get into federal court must share a common nucleus of operative fact with the claim that satisfied federal SMJ
When is the common nucleus test always met?
When a claim arises from the same transaction or occurrence as the underlying case, however the test is broader than the same transaction or occurrence
The limitation on the use of supplemental jdx in diversity cases
In diversity cases, claims by Ps generally cannot invoke supplemental jdx with an exception to the limitation
Exception to the limitation
1 exception that applies when there are multiple Ps and the claim by one of them does not meet the amount in controversy req