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10 Cards in this Set
- Front
- Back
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Original Federal Jurisdiction Claim
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If at least one claim qualifies for federal subject matter jurisdiction, then a claim that does not qualify for original federal jurisdiction may be added under supplemental jurisdiction. § 1367(a)
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One Constitutional Case: Common Nucleus of Operative Fact (CNOF)
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A federal court may hear a claim that it would otherwise lack subject matter jurisdiction to adjudicate if the claim is joined with a related federal claim where the two claims arise from a common nucleus of operative facts.
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Federal Question Jurisdiction
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If federal subject matter is under federal question, then if the supplementary claim arises from a common nucleus of operative facts, then the district may exercise supplemental jurisdiction.
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Diversity Jurisdiction
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If federal subject matter is under diversity of citizenship, then if the supplementary claim arises from a common nucleus of operative facts, then the district may exercise supplemental jurisdiction unless a §1367(b) exception precludes the additional claim.
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§1367(b): Exceptions for Diversity Cases
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Supplemental jurisdiction does not extend to:
1. Claims by additional plaintiffs joined under Rule 19 or 24; 2. Additional claims by original plaintiff against defendants joined under Rules 14, 19, 20, or 24. |
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§1367(b) - Additional Claims by Rule 19 or 24 Plaintiffs
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The claims of additional plaintiff's joined under Rules 19 or 24 cannot be added under supplementary jurisdiction if adding those parties would invalidate diversity.
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§1367(b) - Additional Defendants
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Original plaintiff's claims against defendant's joined under Rules 14, 19, 20, or 24 are precluded from supplementary jurisdiction.
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§1367(b) - Additional Claims by Plaintiffs Not Joined Under Rules 19 or 24
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If additional plaintiff joined under any rule other than 19 or 24, then additional claims are permitted so long as diversity is not invalidated.
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§1367(c) - Discretionary Jurisdiction
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Prudential considerations for declining supplemental jurisdiction include:
1. Novel Issue of State Law 2. State Law Claim Predominates 3. Interim Dismissal of Federal Claims |
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Supplemental Jurisdiction Analysis
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1. Determine whether a claim qualifies for federal subject matter jurisdiction.
2. CNOF Test Does the ineligible claim arise from a common nucleus of operative facts as the eligible claim? 3. Federal Question: If the original federal jurisdiction is federal question, then the additional claim may be heard under supplmental jurisdiction. 4. Diversity Jurisdiction: Determine if exceptions preclude additional claim. 5. Discretionary Evaluation |
