LAW 521-002 – Civil Procedure I

Supplemental Jurisdiction


Supplemental jurisdiction gives subject matter jurisdiction over additional claims that do not independently qualify for federal subject matter jurisdiction when the original claim establishes federal question jurisdiction or diversity jurisdiction.

Under 28 U.S.C. § 1367(a), federal courts shall exercise supplemental jurisdiction over a claim "so related" that the claims "form part of the same case or controversy." This means the claims "derive from a common nucleus of operative fact" and are of such a nature that courts "would ordinarily be expected to try them all in one judicial proceeding." United Mine Workers of America v. Gibbs.

In diversity-only cases, a plaintiff cannot bring a supplemental jurisdiction claim against another defendant or join another suit, when doing so would be inconsistent with complete diversity. 28 U.S.C. § 1367(b).

Courts have discretion under 28 U.S.C. § 1367(c) to decline supplemental jurisdiction if:

  1. it is a novel/complex issue of state law
  2. the state claim predominates the federal claim
  3. the court has dismissed the original claims upon which jurisdiction was granted
  4. there are other compelling reasons

If a claim is dismissed under 1367(b) or (c), the statute of limitations is tolled for at least 30 days. 28 U.S.C. § 1367(d)