1 / 40

Thurs., Nov. 15

Thurs., Nov. 15 . Supplemental Jurisdiction. P(NY) D(NY) I(NY). federal securities. state law breach of contract. state law fraud. state law Insurance contract.

ady
Download Presentation

Thurs., Nov. 15

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Thurs., Nov. 15

  2. Supplemental Jurisdiction

  3. P(NY) D(NY) I(NY) federal securities state law breach of contract state law fraud state law Insurance contract

  4. U.S. Const. 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; . . . --to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

  5. pendent jurisdiction - generally applies to a plaintiff with an action that has its own source of SMJ who joins causes of action without their own source of SMJ but that arise from a common core of operative fact

  6. Ancillary jurisdiction - counterclaims, crossclaims, impleaders that lack their own source of federal SMJ but have a common core of operative fact with the action that does- also includes plaintiff’s supplementary proceedings to effectuate judgment in action that had SMJ

  7. P (NY) sues D1 (NJ) for brawlP joins D2 (NY) under R 20(a)

  8. P (NY) sues D1 (NJ) for brawlP joins D2 (NY) under R 20(a)P(NY)20(a)D1(NJ) D2(NY)

  9. A (NY) sues B(NY) under fed securities laws A joins state common law fraud claim against C (NY), an auditor for B who was also responsible for the fraudA(NY)federal 20(a) stateB(NY) C(NY)

  10. 28 U.S.C. § 1367. - Supplemental jurisdiction

  11. (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

  12. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

  13. P(NY)14(a)(2)(D)battery (respondeat superior)battery D(NJ) indemnificationX(NY)

  14. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

  15. P(NY)14(a)(3) battery (resp. sup)battery D(NJ) indemnificationX(NY)

  16. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

  17. 1) P (Cal) sues D1 (Cal) under federal securities law and joins an action against D2 (Cal) under state common law fraud.Same as 1), except P also joins a state law action for a battery occurring a few weeks before the fraud against D1.

  18. P (Cal) sues D (Cal) under federal securities laws. D joins an action against P for battery, asking for $100kP(Cal)federal statesecurities batteryD(Cal)

  19. P (Cal) sues D (Nev) under federal securities laws. D joins an action against P for battery, asking for $100kP(Cal)federal statesecurities batteryD(Nev)

  20. P (Cal) sues D (Ore) for state law breach of contract, asking for $100K. D joins an action against P for battery, asking for $25k.P(Cal)state statebreach of contract batteryD(Ore)

  21. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

  22. P (NY) sues D (NJ) for battery asking for $100K. D impleads X (NY) a joint tortfeasor for contribution. X brings 14(a) claims against P from damages from same accidentP brings compulsory counterclaim against X(a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  23. P(NY)battery battery battery D(NJ) contribution X(NY)

  24. P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NJ) asking $25K.P(NY)$100k $25kD1(NJ) D2(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  25. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

  26. P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K. P1(NY) P2(NY)$100k $25kD(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  27. Exxon Corp. v. Allapattah(U.S. 2005)

  28. P1(NY) sues D (NJ) for $100k and joins with P2 (NJ) who sues D for $100KP1(NY) P2(NJ)$100k $100kD(NJ)

  29. P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K. P1(NY) P2(NY)$100k $25kD(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  30. P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NJ) who sues D for $100K. P1(NY) P2(NJ)$100k $100kD(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  31. P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NJ) asking $25K.P(NY)$100k $25kD1(NJ) D2(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  32. P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NY) asking $100K.P(NY)$100k $100kD1(NJ) D2(NY) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

  33. 1367(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.

  34. P(Cal) sues D(Cal) in state court in Cal under 42 U.S.C. ' 1983 for violations of his civil right.Joined to the action is an unrelated state law breach of contract action against D.May D successfully remove?P(Cal)federal statecivil rights contractD(Cal)

  35. 28 U.S.C. § 1441. - Actions removable generally(c) Joinder of Federal law claims and State law claims.--(1) If a civil action includes--(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title), and(B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).(2) Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1).

  36. Discovery & Disclosure

  37. DisclosureFRCP 26(a)(1)

  38. Used to be: obligation to disclose all witnesses “likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings” and all documents and tangible things “in possession custody or control of party that are relevant to disputed facts alleged with part in the pleadings”

  39. R 26(a)(1)(A)(i) “the name and, if known, the address and telephone number of each individual likely to have discoverable information — along with the subjects of that information — that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment”

  40. (ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

More Related