i. Cross-claims: Check to see whether any party has made, or should make, a claim against a co-party. This is a cross-claim. See FRCP 13(g).
j. Jurisdiction: For any of these multi-party or multi-claim devices, check to see whether the requirements of personal jurisdiction and subject matter jurisdiction have been satisfied. To do this, you will need to know whether the doctrine of “supplemental” jurisdiction applies to the particular device in question. If it does not, the new claim, or the new party, will typically have to independently meet the requirements of federal subject matter jurisdiction. (Example: P, from Massachusetts, sues D, from Connecticut, in diversity. X, from Massachusetts, wants to intervene in the case on the side of D. Because supplemental jurisdiction does not apply to intervention, X must independently satisfy the requirement of diversity, which he cannot do because he is a citizen of the same state as P. Therefore, X cannot intervene.)
9. Former adjudication: Lastly, check whether the results in some prior litigation are binding in the current suit. Distinguish between situations in which the judgment in the prior suit is binding on an entire cause of action in the present suit (under the doctrines of merger and bar), and the situation where a finding of fact is binding on the current suit, even though the judgment itself is not binding (the “collateral estoppel” situation).
a. Non-mutual collateral estoppel: Where a “stranger” to the first action (one not a party to that first action) now seeks to take advantage of a finding of fact in that first suit, consider whether this “non-mutual” collateral estoppel should be allowed.
b. Full Faith and Credit: Lastly, if the two suits have taken place in different jurisdictions, consider to what extent the principles of Full Faith and Credit limit the second court’s freedom to ignore what happened in the first suit.