Questions on Supplemental Jurisdiction

The Glannon is quite good here. Study his questions carefully.

In addition, consider the following:

1.  Why is supplemental jurisdiction a good idea?

2.  Try to figure out a way of distinguishing between cases that (prior to supplemental jurisdiction) were called ancillary and those that were called pendent.

3. When considering supplemental jurisdiction, there are two questions to think about. First of all, what is the constitutional scope of supplemental jurisdiction? In other words, when is a cause of action that does not have federal subject matter jurisdiction on its own so closely related to a cause of action that does have federal subject matter jurisdiction on its own that they are part of the same constitutional "case or controversy"? The second questions concern the following issue: Even if supplemental jurisdiction is constitutionally allowable, is it statutorily allowable? Before section 1367 was enacted, to determine whether supplemental jurisdiction (then called either pendent or ancillary jurisdiction) was statutorily allowable, one had to look to the purposes of the statute that provided the main cause of action with federal subject matter jurisdiction. For example, if the main cause of action was allowable under 1332 (diversity), then one had to look to the purposes of 1332 to see if a court's exercising supplemental jurisdiction over a related cause of action would have been considered statutorily allowable. After 1367 was enacted, one only has to look to 1367 to determine whether it was statutorily allowable. 

4. In addition to answering the constitutional and statutory questions of whether supplemental jurisdiction is allowed, you need to answer the question of whether joinder is allowable under the joinder rules. If the Federal Rules of Civil Procedure do not allow the cause of action to be joined, then it won't help that the cause of action has supplemental jurisdiction.

5) Consider the following cases. Is joinder allowable? Is there jurisdiction for the joined action?

a) P (NY) sues D1 (NJ) for battery in federal court, asking for $100K. P joins a battery action against D2 (NY) (also a participant in the brawl) under R 20(a).

b) A (Cal.) sues E (Nev.) (B’s employer) in federal court for a battery committed by B (Cal) against A during the course of B’s employment (the two had a fight in the store). E impleads B for indemnification. B then brings a suit against A on the harm done to B in their fight.

c) P (NY) sues D1 (NY) in federal court under federal securities laws. P joins a state common law fraud claim against D2 (NY), an auditor for D1 who was also responsible for the fraud.

d) P (Cal) sues D1 (Cal) under federal securities law and joins a state law fraud claim against D2 (Cal) under state common law fraud.

e) Same as d, except P also joins a state law action for a battery occurring a few weeks before the fraud against D1.

f) P (Cal) sues D (Cal) under federal securities laws. D joins an action against P for battery, asking for $100k.

g) P (Cal) sues D (Ore) for state law breach of contract, asking for $100K. D joins an action against P for battery, asking for $25k.

h) P (Cal) sues D (Ore) for state law breach of contract asking for 100k. D joins two actions against P. One for battery, asking for $50k another for a different incident of battery, asking for $50K.

i) P (Cal) sues D (Cal) under federal securities laws for $50K. P joins an action against D for battery, asking for $50K.

j) P (NY) sues D (NJ) for battery asking for $100K. D impleads X (NY) a joint tortfeasor for contribution. X joins an action against P for his damages in the brawl. In response P brings an action against X for his damages in the brawl.

k) P (NY) sues D (NJ) for battery asking for $100K. D impleads X (NY) a joint tortfeasor for contribution. P joins an action against X for his damages in the brawl.

l) P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (of NJ) for state law battery concerning the same brawl asking $25K.

m) P1 (NY) and P2 (NY) sue D (Cal) for battery. Both are suing D for $100k. D brings a counterclaim against P1 for her damages in the brawl, asking for 100K. P1 impleads his insurance company X (NY) and joins a contribution against P2.

5. Consider the following scenarios. Is there jurisdiction for the joined action?

a) P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K concerning the same battery.

b) P(NY) sues D1(NJ) under state law battery for $100K and joins an action against D2 (NJ) for $25K concerning the same battery.

c) P1(NY) sues D (NJ) under state law battery for $100k and joins with P2 (NJ) who sues D for $100K concerning the same battery.

d) P1 (NY) sues D (NJ) under state law battery for $100k. D makes a motion to join P2 (NY) as a necessary party. P2s claim against D is for $25K.

e) P1 (NY) sues D (NJ) under state law battery for $100k. P2 (NY) intervenes of right with a claim of only $25K.