Supplemental Jurisdiction and Joinder of Parties in Federal Civil Cases, Slides of Civil procedure

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Supplemental Jurisdiction Docsity.com P(NY) D(NY) I(NY) federal securities state law fraud state law breach of contract state law Insurance contract Docsity.com Ancillary jurisdiction - counterclaims, crossclaims, impleaders that lack their own source of federal SMJ but have a common core of operative fact with the action that does - also includes plaintiff’s supplementary proceedings to effectuate judgment in action that had SMJ Docsity.com P (NY) sues D1 (NJ) for brawl P joins D2 (NY) under R 20(a) Docsity.com P (NY) sues D1 (NJ) for brawl P joins D2 (NY) under R 20(a) P(NY) 20(a) D1(NJ) D2(NY) Docsity.com (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. Docsity.com (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. Docsity.com P(NY) 14(a)(2)(D) battery (respondeat superior) battery D/( NJ ) indemnification ( NY) Docsity.com (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. Docsity.com 1) P (Cal) sues D1 (Cal) under federal securities law and joins an action against D2 (Cal) under state common law fraud. Same as 1), except P also joins a state law action for a battery occurring a few weeks before the fraud against D1. Docsity.com P (Cal) sues D (Cal) under federal securities laws. D joins an action against P for battery, asking for $100k P(Cal) federal state securities battery D(Cal) Docsity.com (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. Docsity.com P (NY) sues D (NJ) for battery asking for $100K. D impleads X (NY) a joint tortfeasor for contribution. X brings 14(a) claims against P from damages from same accident P brings compulsory counterclaim against X (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, Docsity.com P(NY) battery batt ry batter D/( NJ ) contribution X( NY) Docsity.com P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K. P1(NY) P2(NY) $100k $25k D(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, Docsity.com Exxon Corp. v. Allapattah (U.S. 2005) Docsity.com P1(NY) sues D (NJ) for $100k and joins with P2 (NJ) who sues D for $100K P1(NY) P2(NJ) $100k $100k D(NJ) Docsity.com P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NJ) asking $25K. P(NY) $100k $25k D1(NJ) D2(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, Docsity.com P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NY) asking $100K. P(NY) $100k $100k D1(NJ) D2(NY) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, Docsity.com 1367(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. Docsity.com Discovery & Disclosure Docsity.com Disclosure FRCP 26(a)(1) Docsity.com Used to be: obligation to disclose all witnesses “likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings” and all documents and tangible things “in possession custody or control of party that are relevant to disputed facts alleged with part in the pleadings” Docsity.com