{"id":7881,"date":"2017-11-16T03:56:09","date_gmt":"2017-11-16T03:56:09","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7881"},"modified":"2017-12-22T22:56:28","modified_gmt":"2017-12-22T22:56:28","slug":"ancillary-claim","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7881","title":{"rendered":"Ancillary Claim – a claim that is collateral to, dependent on, or auxiliary to another claim"},"content":{"rendered":"

ancillary claim<\/span>:<\/span>
\n<\/strong>(1906)<\/em><\/span><\/p>\n

1. A claim that is collateral to, dependent on, or auxiliary to another claim, such as a state-law claim that is sufficiently related to a federal claim to permit federal jurisdiction over it.<\/strong>\u00a0<\/span>* The concept of ancillary federal jurisdiction is now contained in the supplemental-jurisdiction statute, 28 USCA \u00a7 1367<\/a>.<\/strong> See <\/span>ancillary jurisdiction<\/em> <\/span><\/strong>and\u00a0<\/span>supplemental<\/span>\u00a0jurisdiction<\/span><\/em><\/span><\/strong>.<\/span><\/span><\/p>\n

ancillary jurisdiction<\/span>:<\/span>
\n<\/strong>(1835)<\/em><\/span><\/p>\n

1. A court\u2019s jurisdiction<\/a> to adjudicate claims and proceedings related to a claim that is properly before the court.\u00a0 \u00a0 For example, if a plaintiff brings a lawsuit in federal court based on a federal question (such as a claim under Title VII)<\/em>, the defendant may assert a counterclaim over which the court would not otherwise have jurisdiction (such as\u00a0<\/em><\/strong><\/span>a state-law claim of stealing company property)<\/em>.\u00a0 The concept of ancillary jurisdiction has now been codified, along with the concept of pendent jurisdiction, in the\u00a0<\/span><\/strong><\/span>supplemental-jurisdiction statute. 28 USCA \u00a7 1367.<\/strong><\/p>\n

\n

supplemental jurisdiction<\/span>:<\/span>
\n<\/strong>(1836)<\/em><\/span><\/p>\n

1. Jurisdiction over a damn that is part of the same case or Controversy as another claim over which the court has original juris<\/strong><\/span>diction.\u00a0 *\u00a0 Since 1990, federal district courts have had supplemental jurisdiction which includes jurisdic<\/strong><\/span>tion over both ancillary and pendent claims. 28 USCA \u00a7 1367.\u00a0<\/strong><\/span><\/p>\n

pendent jurisdiction<\/span>:<\/span>
\n<\/strong>(1942)<\/em><\/span><\/p>\n

1. A court’s jurisdiction to hear and determine a claim over which it would not otherwise have jurisdiction, because the claim arises from the same transaction or <\/b>occurrence<\/b><\/span>\u00a0as another claim that is properly before the court.\u00a0 *\u00a0 For example, if a plaintiff brings suit in federal court claiming that the defendant, in one transaction, violated both a federal and a state law, the federal court has jurisdiction over the federal claim (under federal-q<\/em><\/b>uestion jurisdiction)<\/em> and also has jurisdiction over the state claim that is pendent to the federal claim.\u00a0 Pendent jurisdiction has now been codified as supplemental jurisdiction. 28 USCA \u00a7 1367.\u00a0\u2014\u00a0<\/span>aka<\/span> pendent-claim jurisdiction<\/span><\/strong><\/span><\/em><\/span>.<\/span><\/span><\/p>\n

\n

pendent-party jurisdiction<\/span>:<\/strong><\/span>
\n(1973)<\/em><\/span><\/p>\n

1. A court\u2019s jurisdiction to adjudicate a claim against a party who is not otherwise subject to the court\u2019s jurisdiction, because the claim by or against that party arises from the same transaction or occurrence as another claim that is properly before the court. 0 Pendent-party jurisdiction has been a hotly debated subject, and was severely limited by the U.S. Supreme<\/em> Court in Finley v. U.S<\/em>., 490 U.S. 545, 109 S.Ct. 2003 (1990)<\/span>. The concept is now codified in the supplemental-jurisdiction statute, and it applies to federal-question cases but not to diversity jurisdiction cases. 28 USCA \u00a7 1367. Neither pendent party jurisdiction nor supplemental jurisdiction may be used to circumvent the complete-diversity requirement in cases founded on diversity jurisdiction.\u00a0 \u00a0<\/strong><\/span>[1]<\/span><\/p>\n<\/div>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

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