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28 USC 1367

28 USC 1367. Constitutional (“Gibbs”) Limit. And the Test Is?. 1367’s Basic Statutory Limit: Same“Case & Controversy”. Original Claim is a Federal Question Case. Novel State Law Issues. Express Statutory Exceptions. Supplemental Claim Predominates. Original Claim Dismissed.

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28 USC 1367

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  1. 28 USC 1367 Constitutional (“Gibbs”) Limit And the Test Is? 1367’s Basic Statutory Limit: Same“Case & Controversy”

  2. Original Claim is a Federal Question Case Novel State Law Issues Express Statutory Exceptions Supplemental Claim Predominates Original Claim Dismissed Other Compelling Reasons Discretion C&C

  3. Original Claim is a Diversity Case Express Statutory Exceptions P v R20 D P v R19 D P v 3PD P v Intervenor R19 P v. any R 24 P v. any Discretion C&C

  4. Troublesome Questions • What happened to Zahn? • What if I (MO) sue Ben (MA) for $80K and • try to use R20 to join Alice (MO) as additional P seeking $20K? • try to use R20 to join Emily (MA) as additional P seeking $80K?

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