A rule for a fed crt to hear both state and fed

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(a) Rule: For a fed crt to hear both state and fed related claims (not based on diversity), both claims must arise from a common nucleus of operative fact vi. Owens v. Kroger Equip : Can a ∏ join a 3 rd party under R14 w/o SMJ? (a) Rule: Where fed jur is based on diversity, can’t assert claims against a 3rd party ∆ where there isn’t an independent basis for fed jur over that claim 4. SuppJur and Class Actions & Permissive Joinder (Rs 23 & 20) 20
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a. Allapattah v. Exxon and Ortega v. Starkist Tuna muddle the waters of what and who can be added i. Exxon v. Allahpatta : When can class actions fall under supplemental jur? (a) Rule: Where the other elements of jurisdiction are present and at least 1 satisfies 1332(a) amount in controversy, § 1367 authorizes supplemental jur over the claims of other s even if those s claims aren’t to the required amount (1) SC: §1367(b) doesn’t say a word about R23, and the SMJ is confirmed by 1367(a) so the claims can be aggregated ii. Ortega v. Star-Kist : Can 1367 override and allow R20 permJoind to be used to join multiple parties at the outset, who might destroy diversity (a) Rule: As long as one meets the amount-in-controversy requirement, §1367 authorizes fed crts to exercise supplemental jurisdiction over related claims even if they do not meet the requirement, so long as the anchor claim is sufficient, and any contaminating claims are severed. 1367(b) doesn’t speak @ R20 w/ regard to R20 s who are joined at the outset. They are precluded if the original attempts to join another party as a later 21
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V. WHAT LAW APPLIES IN FEDERAL COURT: OF THE “ERIE DOCTRINE” AND DIVERSITY JURISDICTION A. State or federal law in diversity actions, an introduction to the problems presented by Erie Railroad v. Tompkins: 1. Rules of Decision Act (RDA) still in effect today as § 1652 a. Reads “laws of several states shall be regarded as rules of decision in trials at common law in cts of US, except where the constitution, treaties or statutes of the US shall otherwise require/provide” i. In other words: If enumerated by Art III §2, it’s fed, otherwise it’s the state law (a) all agree on this but disagreement is whether common law/judge-made law should be applied or whether fed judge’s can make own law in instances where no state/fed statute b. Erie RR v. Tompkins: Was a prior federal trial crt’s decision that ignored substantive state law when it decided a case in diversity wrong? i. Rule: Except when dealing exclusively with a federal question, the law that must be applied under diversity jurisdiction must be that of the law of the state. While the rules of decision act allowed federal courts to apply their own rules of procedure in common law actions, state law governs substantive issues. State law includes not only statutory law but case law also. This will eliminate forum shopping and inequitable administration of law c.
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  • Spring '10
  • Arkin
  • Fed, Personal jurisdiction

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