Federal Jurisdiction & Procedure.docx

1 relationship satisfies 1367 smj relatedness

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1. Relationship satisfies §1367 SMJ relatedness requirements. 2. IMP: prohibited if counterclaimant is a π + original claim is based on §1332 + claim against non-party cannot satisfy §1332 requirements §1367(b) prohibits supplemental jx over latter claim. b. Cross-claim – Rule 13 i. Claim against co-party – (typically ∆ v. ∆ (bring in Answer); but can be π v. π if both counterclaimed by ∆). 1. Party may assert cross-claim against co-party arising out of the same transaction or occurrence that is the subject of the original action or subject of the counterclaim (includes indemnity claims). 2. Supplemental jx attaches under §1367 – no independent jurisdictional basis needed. 3. Rule 13(h) – cross-claimant may join non-party for just adjudication of counterclaim, if Rule 20 requirements are met: cross-claimant’s claim against non-party (1) must arise from STO as counterclaim, and (2) share with it a common question of law or fact. c. Impleader claim – Rule 14 i. 3 rd party complaint – may be filed by ∆ against 3P∆ who may be liable to him for all or part of π’s claim against original ∆. 1. Derivative liability requirement – ∆ says “I am not liable, but if I am, 3P∆ is liable to me.” 2. Supplemental jx attaches under §1367to impleader claim by ∆ – no independent jx’al basis needed. a) No problem with impleader in diversity case – even if 3P∆ is not diverse from π. b) Independent jurisdiction needed – for π claim against 3P∆ in diversity case (no §1367). 3. Timing – w/in 14 days after ∆ serves original Answer (or after with leave of court). a) ∆ serves summons and complaint on non-party who becomes 3P∆. d. Intervention – Rule 24 (two types; bring both w/in reasonable time ) i. Intervention of right – 2 situations where intervention of right applies: 1. Unconditional statutory right – federal statute confers unconditional right to intervene in fed lawsuit. 2. Interest in property or transaction – when person (1) claims an interest relating to the property or transaction which is the subject of the federal action and (2) she is so situated that disposition of the action in her absence will impair or impede her ability to protect that interest (or her interest is not adequately represented by existing parties; if adequately represented – permissive intervention). 3. Supplemental jurisdiction for intervenors of right : a) Π or ∆ intervenor of right in non -diversity suits – supplemental jx available in all FQ suits. b) ∆ intervenor of right – supplemental jx available if π’s claim based on diversity . c) Π intervenor of right must have independent jx if claim based on diversity if π-intervenor would destroy diversity. ii. Permissive intervention – 2 situations: 1. Conditional statutory right – “permissive” when federal statute provides conditional right to intervene.
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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