Supplemental Jdx Flashcards
(4 cards)
1
Q
When can the court grant supplemental jdx?
A
the court may exercise supplemental jurisdiction over the jurisdictionally insufficient claim if it arises out of a common nucleus of operative facts from the anchor claim.
2
Q
When is Common Nucleus of Operative Fact satisfied
A
satisfied if both claims come out of the same transactional occurrence
3
Q
When can the court take away supplemental jdx?
A
Triggered when an anchor claim is based ONLY on Diversity JDX.
There will be no supplemental jdx for claims brought by Plaintiff against:
- Rule 14 / 19 / 20 / 24
4
Q
Supplemental Jdx - Discretionary Factors
A
- The claim raises novel or complex issue of state law
- the state claim (supplemental claim) substantially predominates over the anchor claim
- the district court has dismissed all claims over which it has original jurisdiction over
- in exceptional circumstances, if there are other compelling reasons for declining jurisdiction