NewYorkUniversity
LawReview
Current Issue

Volume 83, Number 6

December 2008

Valuing the Federal Right: Reevaluating the Outer Limits of Supplemental Jurisdiction

Neel K. Chopra

The federal circuit courts are divided on the question of whether the federal courts’ supplemental jurisdiction power encompasses permissive state law counterclaims that lack an independent basis of federal jurisdiction. By analyzing the arguments set forth in various circuit court decisions, this Note develops a new approach for assessing the availability of supplemental jurisdiction over permissive state law counterclaims. It argues that the federal courts may assert jurisdiction over state law counterclaims only when the federal interest supports hearing those state law claims.