Back to Questions
The Title 28 of the United States Code
QUESTION #3704
Question 1
A plaintiff from State A sues a defendant from State B in federal court in State B for $\text{\$80,000}$ for a breach of contract. The defendant files a counterclaim against the plaintiff for $\text{\$15,000}$ arising from the same transaction. The plaintiff then realizes that the contract claim is weak and voluntarily dismisses the original complaint. The defendant wants to proceed with the counterclaim. Does the federal court have jurisdiction over the counterclaim?
Correct Answer Explanation
Under 28 U.S.C. $\S 1367$, a federal court has supplemental jurisdiction over compulsory counterclaims that arise from the same nucleus of operative fact. Once jurisdiction is established at the time of filing, the dismissal of the main claim does not necessarily divest the court of jurisdiction over the remaining supplemental claims.
Sign in to join the conversation and share your thoughts.
Log In to Comment