For Every Claim

1
For Every Claim

• There must be a rule that authorizes it
• The court must have subject matter jurisdiction
  over it
• OJ 1331, 1332
• SJ 1367

• For claims by plaintiffs against defendants,
  there must also be
• PJ
• Venue

2
Joining a Claim

• Plaintiffs
• Must have one claim against a party over which
  there is SMJ, PJ, and venue
• 1331, 1332 only
• The anchor claim
• There must be one anchor claim where all three
  are present or the case can be dismissed.
• Only an anchor claim can serve to anchor
  additional claims in federal court

• Additional claims
• May 18
• See also 14
• Must res judicata
• SMJ, PJ, Venue
• 1331, 1332, 1367
• Pendent venue
• Pendent PJ

3
Joinder of Claims by Defendants v Existing Parties

• Defendants
• As to plaintiffs
• May 13.
• See also 14
• Must 13
• SMJ
• PJ, Venue not necessary for counterclaims against
  existing parties

4
Plant v. Blazer (735)

• What was claim? Counterclaim?
• Why was whether the counterclaim was permissive
  or compulsory matter?
• For jurisdiction?
• Practically speaking?

• What is the test for determining if a
  counterclaim is compulsory?
• Why was there a split?
• Why did this court rule as it did?

5
Problems 741-42

• 7(a)
• 7(b)
• 9(a)
• 9(b)9(c)
• 9(d)

6
Joinder of Parties

• A brief look ahead

7
Must ask both for each claim Authority?
Jurisdiction?

• What rule authorizes joinder of party?
• 13(h) (joining a party to a cross or counter
  claim)
• 19 compulsory joinder
• 20(a) permissive joinder
• 14(a) (b) impleading parties

• Is there SMJ over the claim v. that party?
• 1331 OJ FQ
• 1332 OJ Diversity
• 1367 SJ