SMJ - Supplemental Jurisdiction

Question 1

Starting Point for Supplemental Juridiction

Answer 1

Must have a case already in federal court
1. Look for SMJ in additional claim (no need for supplemental if claim SMJ over additional claim)
2. Step 2: Check for Supplemental Jurisidiction if No Diversity or FQ (Must arise from a common nucleus of operative fact as claim in existing federal court case)
* Same transaction or occurrence always satisfies common nucleus test
* supplemental jurisdiction gets claims into a federal court case, even though the claims do not meet the requirements for diversity or FQ SMJ

Question 2

Common Nucleus Test

Answer 2

• The claim that we want to get into federal court must share a “common nucleus of operative fact” with the claim that satisfied federal SMJ (the claim that got the case into federal court).
• Same transaction or occurrence (“T/O”) as the underlying case.
• However, the test is broader than T/O.

Question 3

Limitations on the Use of Supplemental Jurisdiction in Diversity Cases

Answer 3

In diversity cases, claims by plaintiffs generally cannot invoke supplemental jurisdiction.
* Exception to the limitation applies when there are multiple plaintiffs, and the claim by one of them does not meet the amount in controversy requirement.
* Any other time a plaintiff has an additional claim in a diversity case, it cannot invoke supplemental jurisdiction. So the claim must satisfy diversity of citizenship or FQ SMJ.
* Second P can use supplemental jurisdiction to get below-limit claim into federal court, but exception cannot overcome P2’s lack of diversity

Question 4

Steps to Follow on Supplemental Jurisidction Question

Answer 4

Must have case already in federal court + Must arise from common nucleus of operative fact as claim in exististing federal case
* Same transaction or occurence always satisfies common nucleus test
* Check for limit on P’s in diversity case
* Federal question = No limits
* Diversity = P’s can’t use supplemental except for below-limit claim (different question than one P aggregating all their claims)
* Court can decline supplemental if claim on which SMJ is based is dismissed early in the case