Pendent party jurisdiction
- Pendent party jurisdiction
In the United States federal courts, pendent party jurisdiction refers to a court's power to adjudicate a claim against a party whom would otherwise not be subject to the jurisdiction of the federal courts, because the claim arose from a common nucleus of operative fact. [Black's Law Dictionary, 7th ed. 1999.] [Chemerinsky, Erwin. Federal Jurisdiction, 4th Edition, § 5.4 (pp. 338-339) Aspen Publishers, 2003. ISBN 0-7355-2718-0.]
One well-known example of this is when a federal court adjudicates a state law claim asserted against a third party which is part of a case brought to it under its federal question jurisdiction. This was the situation in "Finley v. United States", ussc|490|545|1989, in which the Supreme Court found that a grant of jurisdiction over a claim involving certain parties did not extend to additional claims involving different parties. [Finley v. United States, 490 U.S. 545, 556 (1989).] "Finley" was superseded by "Exxon Mobil Corp. v. Allapattah Servs.", 545 U.S. 546, in which the Supreme Court noted that Congress overturned the result in "Finley" by enacting 28 U.S.C. § 1367. [Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546, 558 (2005).]
Pendent party jurisdiction is a form of supplemental jurisdiction covered by UnitedStatesCode|28|1367. Subsection (b) prohibits parties from being joined in a federal case brought under the diversity jurisdiction of the federal courts (where diversity is the sole basis of federal court jurisdiction), if joining such parties would eliminate complete diversity. [See "Strawbridge v. Curtiss", 7 U.S. 267 (1806), for an explanation of the "complete diversity" rule.]
References
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