Monday, December 7, 2015

MBE Fast Fact: Supplemental Jurisdiction

There are quite a few avenues the MBE can take when testing supplemental jurisdiction in Civil Procedure. Supplemental jurisdiction gives authority to the federal courts, under certain circumstances, to hear additional claims substantially related (or of the same "common nucleus of operative fact") to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently.

But one point to keep in mind is that a court may not exercise supplemental jurisdiction over claims by plaintiffs against parties added as third parties if doing so would destroy diversity of citizenship among the parties. Thus, for a court to have subject-matter jurisdiction over a claim by a plaintiff against a party added by plaintiff as a third party, the prerequisites for traditional subject-matter jurisdiction must be satisfied.

No comments:

Post a Comment