Civil Procedure 2005

1
Civil Procedure 2005

• Class 28 Subject Matter Jurisdiction
  Aggregation and Supplemental Jurisdiction
• Oct. 31, 2005
• HAPPY HALLOWEEN!!

2
A New Supreme Court Nominee

• Samuel Alito
• Judge on U.S. Court of Appeals for the Third
  Circuit

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TENSION BETWEEN

• Liberal joinder rules
• Subject matter jurisdiction requirement

4
TRADITIONAL AGGREGATION RULES CONTD

• 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?

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TRADITIONAL AGGREGATION RULES CONTD

• Would it make any difference to your answers in
  the previous hypothetical if Dorothys claim was
  for 90,000?

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TRADITIONAL RULES FOR AGGREGATION

• Single P w/2 or more claims vs. single D
• 2 Ps with claims against a single D - separate
  and distinct/common undivided interest test
• Single P w/ claims vs. multiple Ds
• Counterclaims

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Originally 3 kinds of jurisdiction over related
claims

• Pendant claim jurisdiction
• Pendant party jurisdiction
• Ancillary jurisdiction Related claims asserted
  by D as counterclaim or other additional parties
  after initial complaint

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United Mine Workers v. Gibbs (1966)

• Leading case on pendant claim jurisdiction

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United Mine Workers v. Gibbs
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Rationale in Gibbs

• Constitutional source
• Power
• Discretion
• Policy Justification

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U.S. Constitution Article III section 2

• The judicial Power shall extend to all Cases, in
  Law and Equity, arising under this Constitution,
  the Laws of the United States, and Treaties made,
  or which shall be made, under their Authority--
• Operative word is Cases

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2 step test in Gibbs

• 1. Does the court have jurisdictional POWER to
  entertain the pendant claim? Hint look at
  relationship between claims
• 2. If the court has that power, does the
  exercise of sound DISCRETION indicate that the
  federal court ought to assert that discretion?
  What factors must the court take into account?

13
Supplemental Jurisdiction Statute

• Court reacts to Finley case , 490 U.S. 545 (1989)

14
Supplemental Jurisdiction Statute

• 28 U.S.C. 1367