More Joinder
Removal
Supplemental Jurisdiction
100

What rule allows a party to join as many claims as they have against an opposing party, related or not? 

Rule 18

100

What is the in state-defendant rule? 

This rule prohibits a defendant from removing a diversity case when he is a citizen of the forum state and has been served.
100

What is the statutory rule for supplemental jurisdiction? 

1367: In a case in which a district court has an independent basis for subject matter jurisdiction over the original claim, supplemental jurisdiction may exist over other claims if the initial claim and the other claims arise out of a common nucleus of operative fact. 

200

What rule allows interpleader permitting a stakeholder to force multiple claimants to litigate entitlement to the same property?

Rule 22 Interpleader
200

What must ALL defendants for a case to be properly removed? 

All defendants must consent 

200

What is the Gibbs test? 

A common nucleus of operative fact is the test for if claims are sufficiently related for supplemental jurisdiction
300

What type of counterclaim requires its own basis for federal jurisdiction? 

Rule 13b Permissive Counterclaim
300
Within how many days must removal occur?

30 days after service

300

When are there supplemental jurisdiction limits? 

When diversity jurisdiction is the sole basis for the federal claim

400

What rule allows parties to intervene if they have a legally protected interest that would be impaired without joining the case? 

Rule 24

400

What is Snap Removal? 

When the defendant removes to federal court prior to being served, thus avoiding the in-state defendant rule


400

What claim is barred by 1367b?

a supplemental jurisdiction claim asserted by a plaintiff that destroys diversity even if is it a part of the same case or controversy. 

500

What happens when a party is misjoined? 

Misjoinder of parties is not grounds for dismissing an action. Rather, a court can dismiss a party or sever a claim. (Rule 21).

500
After a year has passed, when can a case based on diversity be removed? 
If the plaintiff acted in bad faith, otherwise never


500

Under 1367c a court may decline supplemental jurisdiction if what? 

The state claim substantially predominates the federal claim
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