Civ Pro Exam Review: Supplemental...

Civ Pro Exam Review: Supplemental Jurisdiction

Taylor's Law School Review por T-Bone

Notas del episodio

3 Step Analysis to § 1367:

  1. Does §1367 give supplemental jurisdiction?
    1. Common nucleus of operative facts? (Gibbs)
  2. Does 1367(b) take it away?
    1. Is original jurisdiction founded solely on diversity under § 1332?
    2. Is it a claim by plaintiff against person made party under Rule 14, 19, 20, or 24? OR Is it a claim by a person to be joined as plaintiff under Rule 19 or intervene as plaintiff under Rule 24?
    3. Would supplemental jurisdiction be inconsistent with requirements of § 1332?

[If "yes" to all 3, then §1367(b) takes it away]

  1. Should the court exercise discretion to decline under § 1367(c)?