Supplemental Jurisdiction [SMJ]

Question 1

Steps to add claims using supplemental jurisdiction

Answer 1

(1) we must have a case already in federal court with independent SMJ (diversity or FQ)

(2) party wants to add another claim

(3) is there diversity or FQ over the additional claim? if yes, claim can be heard in federal court. if no, go to next step

(4) is there supplemental jurisdiction? if yes, federal court can hear it

Question 2

when may a claim be asserted in federal court?

Answer 2

when the claim has subject matter jurisdiction:

(1) diversity

(2) FQ

OR

(3) supplemental

Question 3

how to determine whether you can join claim using supplemental jurisdiction

Answer 3

(1) claim must satisfy common nucleus of operative fact test

Claim that party wants in federal court must share a common nucleus of operative fact with the claim that has the original SMJ

Satisfied if claim arises from the same transaction or occurrence as the underlying claim… BUT common nucleus includes more than just transaction/occurence test
.
.
.
(2) if case got into federal court under FQ, supplemental jurisdiction is OK
.
.
.
(3) if case got into federal court through diversity jurisdiction, apply limitations:

there is no supplemental J if the claim is asserted by a P
.
.
.
(4) apply exception to the limitation [again, only in diversity cases]:

if there are multiple Ps, and the claim by one of them does not meet the amount in controversy requirement (and that claim arises from same nucleus of operative fact as the other claim), but the other claim does, then the P can get supp. J, AS LONG AS the below-amount plaintiff’s claim does not destroy complete diversity

Question 4

discretionary factors re: Supp J

Answer 4

Even if we meet the requirements for supplemental jurisdiction, the court has discretion to decline it. It can do so if the state law claim is complex or state law issues would predominate in the case.

But the more likely one is this: It can decline supplemental jurisdiction if the claim on which federal SMJ is based is dismissed, or deemed invalid, early in the case.

when a federal claim is deemed invalid during trial, before a verdict is rendered, the court will likely hear the state claim, though, for judicial economy