Procedure Civil 2005
Class 31: Subject Matter Jurisdiction: Supplemental Jurisdiction II, Removal Nov. 2, 2005
TENSION BETWEEN
Liberal joinder rules Subject matter jurisdiction requirement GAVE RISE TO SUPPLEMENTAL JURISDICTION
SUPPLEMENTAL JURISDICTION STATUTE 28 U.S.C. 1367
Does Supplemental Jurisdiction Statute Trump Traditional Aggregation Rules?
Zahn 414 U.S. 291 (1975) (predates statute) no ancillary jurisdiction over claims without independent jurisdictional basis in class action, where 1 class member had claim meeting jurisdictional amount, but other class members did not) Split in circuits on whether s. 1367 overrules Zahn. S. Ct resolves split in Exxon (2005)
Multiple Ps sue the same D for different claims: e.g. Dorothy ME (passenger) sues George- TX (driver) in federal court for $45,000 for damages suffered in a car crash. A. Is there subject matter jurisdiction? What if Laura- DC, also a passenger in Georges car, wants to join as a plaintiff to sue George for $35,000 for her injuries arising from the same accident? B. Will the supplemental jurisdiction statute change the result?
TRADITIONAL AGGREGATION RULES CONTD
TRADITIONAL AGGREGATION RULES CONTD
Would it make any difference to your answers in the previous hypothetical if Dorothys claim was for $90,000?
Does 1367(b) apply?
Multiple Ps sue the same D for different claims P sues multiple Ds for different claims; one claim meets the requirements of diversity but the others do not D counterclaims and P wants to implead a nondiverse third party for indemnification/contribution P wants to cross-claim against a nondiverse P
28 U.S.C. sect. 1367(d)
This is a tolling provision What is its effect? What is the reason for this tolling provision? Is it constitutional?
28 U.S.C. 1367(d)
sect. Is it constitutional? Yes see Jinks v. Richland County, 349 S.Ct 298 (2003) (necessary and proper and does not violate state sovereignty)
PRACTICE EXERCISE 34
CB p. 716 Plaintiff: Nancy Carpenter (NH) Ds: Dee (MA), Ultimate (MA) 3d Party Ds: McGills Garage (MA), Dale McGill (NH) Motion to dismiss Carpenter and Ultimates claims for lack of subject-matter jurisdiction by Garage and McGill
REMOVAL JURISDICTION
What is removal? What is the policy justification for removal a. For diversity cases? b. For federal question cases?
LEGAL SOURCES FOR REMOVAL JURIDCITION
NOT IN U.S. CONSTITUTION So, removal is purely statutory. There have been federal removal statutes since 1789.
LIMITS ON REMOVAL
Can a plaintiff remove? Can a plaintiff remove if there is a counterclaim? Can a case be removed from federal to state court? Any types of actions non-removable?
WHEN IS A CASE REMOVABLE?
There must be original subject-matter jurisdiction in federal court Basic rules of federal question and diversity/alienage apply Well-pleaded com...