Best seen where a asserts a jurisdictionally proper

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Best seen where a asserts a jurisdictionally proper fed claim (Fed?) against a non-diverse party and adds a state law claim 19
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2. Ancillary Jurisdiction: (By ∆) When related claims (non federal) are asserted by ∆s or other additional parties after the initial (federal) complaint a. AncJur generally applied to claims asserted by ∆s that bore a “ logical relationship ” to the main claim 3. Supplemental Jurisdiction in Federal Courts (§1367) a. Crts create lib joinder rules such as compJdr, PermJdr, impleader, interpleader, intervention... but at the same time, ct must always have SMJ to hear a claim, so tension exists i. B/c sometimes joinder will authorize claims over which no independent basis SMJ exists. (a) So, ct’s created supplemental jurisdiction SuppJur to give fed cts the authority to hear claims that are related to proper fed claims but are not jurisdictionally proper themselves. Governed by § 1367. b. Analysis under 1367: i. Crt must first determine whether there is constitutional power under Article III, section 2 to hear the supplemental claim ( not statutory) (a) Analysis still stems from Gibbs and PendJur: power exists if there is a proper claim w/in jur of the fed court and the related claim arises from the same common nucleus of operative facts: (1) Crt must determine whether there’s a statutory grant of jurisdiction over related claims Provided in 1367. ii. 1367(a): grants jur over all related claims part of same “case” and controversy, (a) If fed crt has basis for original jur over the case, 1367(a) broadly grants statutory authority to hear related state law claims meeting Gibbs test—same case or controversy. – making it as broad as constitution allows (codifies Gibbs) (1) Essentially, will see many times w/ counter and cross claims under R13 (compulsory (a), permissive (b), x-claims against co-party (g)) iii. 1367(b): takes away supplemental jurisdiction in diversity cases where is asserting a claim against a party joined by rules 14, 19, 20 or 24. (a) Certain claims in diversity which would contradict limits of jurisdiction from 1332 are excepted. (1) So, if you see (i) Impleader (R14), (ii) CompJdr (R19), (iii) PermJdr (R20), (iv) Intervention(R24) (1) There needs to independent SMJ for them to be added to the claim by a (they gotta be somewhere in the neighborhood of 1332’s diversity rules) (2) But nothing is spoken @ R20 s joined at the outset (see Ortega below) iv. Back to Gibbs/PendantJur: Once court determines it has constitutional and statutory authority to hear related claims, must decide based on discretionary factors whether to hear claims. (a) Does state law claim predominates (b) Is this a sensitive/novel issue (c) Could hearing the claim confuse the jury (d) Will the federal issues be resolved early on. v. United Mine Workers v. Gibbs: When can a party add a state claim with a fed one if the is from the same state?
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