Under Rule 14, a third-party defendant may be brought in for liability that is derivative in nature. If a crossclaim arises from a different transaction than the original claim, what is the likely outcome?

Under Rule 14, a third-party defendant may be brought in for liability that is derivative in nature. If a crossclaim arises from a different transaction than the original claim, what is the likely outcome?

• A. The crossclaim is within the court’s supplemental jurisdiction
• B. The crossclaim must be dismissed for lack of common nucleus of operative fact
• C. The crossclaim can be heard only if there is complete diversity
• D. The crossclaim must be severed into a separate action

Answer: (B)

Supplemental jurisdiction requires that a crossclaim or third-party claim share a common nucleus of operative fact with the main claim. If the crossclaim arises from a different transaction or occurrence, it does not share that nucleus, so the federal court cannot exercise jurisdiction over it under the rule governing supplemental claims. The appropriate result is dismissal for lack of the required common nucleus of operative fact. (Complete diversity isn’t the controlling issue here, since the question concerns the jurisdictional basis for the crossclaim; severing into a separate action could be an option only if there were independent jurisdiction over the crossclaim.)

Supplemental jurisdiction requires that a crossclaim or third-party claim share a common nucleus of operative fact with the main claim. If the crossclaim arises from a different transaction or occurrence, it does not share that nucleus, so the federal court cannot exercise jurisdiction over it under the rule governing supplemental claims. The appropriate result is dismissal for lack of the required common nucleus of operative fact. (Complete diversity isn’t the controlling issue here, since the question concerns the jurisdictional basis for the crossclaim; severing into a separate action could be an option only if there were independent jurisdiction over the crossclaim.)