Supplemental Jurisdiction - Part B Flashcards
what is a cross claim
claim against a co-part (i.e. same side of the v.)
how will a cross claim come in under supp j
must arise out of the same transaction or occurrence that is the subject of the action or of a counterclaim
AIC does not matter [CONFIRM THIS] (cause i guess they would already be diverse citizenship wise cause of the main cause)
this all applies for defendants, this will be much more limited for plaintiffs
Are cross-claims ever compulsory?
No, which means they can be saved for another day, but they must arise out of the same transaction or occurrence as the original claim or counterclaim
What is impleader?
D brings in someone new, a third party defendant (TPD). D wants TPD to pay all or part of his liability, so claim is usually for indemnity or contribution. Remember, must have PJ and SMJ.
what is impleader also called
third party practice
does impleader come within the court’s supp j
yes
does citizenship matter of the third party defendant
no citizenship does not matter
does aic matter of the third party defendant
no, aic does not matter
does supp j extend to claims by the original plaintiff against the impleaded third party
no, because these would be claims by a plaintiff against a person made party under rule 14
what does plaintiff have to do if they want to make a claim against the third party defendant
complete diversity needs to be met (or there is federal question j for the claim)
what is the one limited situation where a plaintiff can indeed take advantage of supplemental jurisdiction (the claim will not be barred by 1367b)?
if the claim of one diverse plaintiff against a single def satisfies the jurisdictional amount, other DIVERSE plaintiffs, who have related claims against the defendant can also be heard even if their claims do not satisfy AIC
can supp j destroy diversity
supp j in a diversity case does not EVER allow you to joing a non-diverse def or a non-diverse plaintiff (except in a few cases like impleader)
what are the (4) circumstances of when a federal court will deny hearing a case with supplemental j?
1) supp claim raises a novel or complex issue of state law
2) supp cliam substantially predominates over the claims within original fed j
3) all of the claims within the court’s original j have been dismissed
4)in exceptional circumstances, if there are other compelling reasons for declining j
