Vanderbilt Law Review

First Page



The jurisdictional problem peculiar to a case which involves more than one claim is: Shall the court entertain the entire action when it would have jurisdiction of one or more of the claims, but not all, if they were sued separately?' The application of this question to the United States district courts raises conflicting considerations. On the one hand is the fact that most of the claims which would not be within federal jurisdiction if sued alone, present questions of state rather than federal law. In general the more appropriate tribunals to deal with such questions in the first instance are the state courts. On the other hand, it is desirable to have the parties settle their disputes in one action. It is also desirable to settle in one action disputes relating to a transaction or related transactions even though more than two parties are involved. If some of the claims involve patents, copyrights, or other matters within the exclusive cognizance of the federal courts, these courts are the only ones which can accomplish the two latter desiderata.