Pre-Allapattah Quiz

Before reading Allapattah,  we need to really understand 28 U.S.C. Section 1367(a) and (b). Section (b) is especially important to dig into. For the questions that follow, keep a copy of 1367(b) close to you. The statute states the following:

(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.

This section tells us that where the original case is filed on the basis of diversity jurisdiction, certain supplemental claims will not get supplemental jurisdiction under 1367(a). Instead, these claims cannot be brought in federal court unless they meet both requirements of Section 1332 (diversity of citizenship and the amount in controversy). So, unless they have original diversity jurisdiction. 

Notice that there are two categories of claims that are covered by 1367(b).

The first--highlighted in orange--are claims that are brought by plaintiffs against parties that are joined under Rules 14, 19, 20, or 24. For example, a claim by a P against D1 and D2 (and assume D1 & D2 are joined together under Rule 20).

The second--highlighted in pink--are claims that are brought by plaintiffs who are joined to the action through Rules 19 and 24. For example, a claim by a second P, P2, against a defendant (and assume that P1 and P2 are joined under Rule 24). 

This quiz is about understanding which parts of 1367(b) apply to different joinder scenarios. 

Assume that in each scenario, the claims are related. Also assume that where there are multiple plaintiffs or defendants, they are joined under Rule 20. For each scenario, determine which part of 1367(b) applies--the orange or the pink.