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  • Supplemental JDN Chart EDITED

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    Amanda Vice
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    This flowchart summarizes the analysis for determining whether a federal court has supplemental jurisdiction over additional claims under 28 U.S.C. §1367. The flowchart first asks if there is an independent basis for jurisdiction, such as federal question or diversity jurisdiction, over the additional claims. If not, it proceeds to the Gibbs test for a common nucleus of operative fact between the claims. If met, it determines if the anchor claim is based on federal question or diversity jurisdiction, and whether any limitations from §1367(b) apply.

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    This flowchart summarizes the analysis for determining whether a federal court has supplemental jurisdiction over additional claims under 28 U.S.C. §1367. The flowchart first asks if there is an independent basis for jurisdiction, such as federal question or diversity jurisdiction, over the additional claims. If not, it proceeds to the Gibbs test for a common nucleus of operative fact between the claims. If met, it determines if the anchor claim is based on federal question or diversity jurisdiction, and whether any limitations from §1367(b) apply.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    33 views1 page

    Supplemental JDN Chart EDITED

    Uploaded by

    Amanda Vice
    This flowchart summarizes the analysis for determining whether a federal court has supplemental jurisdiction over additional claims under 28 U.S.C. §1367. The flowchart first asks if there is an independent basis for jurisdiction, such as federal question or diversity jurisdiction, over the additional claims. If not, it proceeds to the Gibbs test for a common nucleus of operative fact between the claims. If met, it determines if the anchor claim is based on federal question or diversity jurisdiction, and whether any limitations from §1367(b) apply.

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    © All Rights Reserved
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    Supplemental#Jurisdiction#Flowchart#

    28#U.S.C.#§1367#

    Is"there"an"independent"basis"for"jurisdiction"on"this"claim?" Yes" NO"NEED"FOR"SUPP"JDN!"


    (§1331"or"§1332?)""

    No"

    Gibbs"test:"Common" No" This"is"a"basic"requirement"


    Nucleus"of"Operative"Fact" No"SMJ" of"§1367(a)."

    Yes"

    Is"the"anchor"claim"" Fed."Ques."
    §1367(b)"limitation"does"
    Federal"Question"or" not'apply'to'Fed'Ques."
    Supp
    Diversity?"
    Jdn"

    Diversity"Only"
    No" §1367(b)"limitation"does"
    Claim"by"original"P"or"P"
    not'apply'to'claims'
    joined"under"rule"19"or"24?"
    Supp brought'by'D."
    Jdn" "
    Yes"

    Claim"by"original"P"against" Yes" This"is"the"§1367(b)"


    No" parties"added"under"rules" No"Supp" limitation."
    14,"19,"20,"or"24?" Jdn"
    Supp
    Jdn" OR" No"

    Does"claim"by"P"joined"by" Rules#
    Yes" Rule"19"or"24"meet"the" rd
    Rule"14:"Impleader"(3 "parties)"
    jurisdictional"requirements" Rule"19:"Required"joinder"of"parties"
    under"§1332"(diversity"+" Rule"20:"Permissive"joinder"of"parties"
    AIC)?" Rule"24:"Intervention"

    -5-

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