28 USC 1367 Constitutional (“Gibbs”) Limit 1367’s Basic Statutory Limit: Same“Case & Controversy” And the Test Is?

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Presentation transcript:

28 USC 1367 Constitutional (“Gibbs”) Limit 1367’s Basic Statutory Limit: Same“Case & Controversy” And the Test Is?

Original Claim is a Federal Question Case Express Statutory Exceptions C&C Novel State Law Issues Discretion Supplemental Claim Predominates Original Claim Dismissed Other Compelling Reasons

Original Claim is a Diversity Case Express Statutory Exceptions C&C Discretion P v R20 D P v R19 D P v 3PD P v Intervenor R19 P v. any R 24 P v. any

Troublesome Questions What happened to Zahn? What if I (MO) sue Ben (MA) for $80K and –try to use R20 to join Alice (MO) as additional P seeking $20K? –try to use R20 to join Emily (MA) as additional P seeking $80K?