Written by attorneys · grounded in primary & secondary sources — see below
Supplementary or subordinate to a primary matter or proceeding.
Sources & Authorities
How it applies
Common Examples
6
Noncompete Tied to Business Sale
Angela Acosta sold her metal fabrication shop to Atlas Ventures. The sale agreement included her promise not to work in the industry across three states for ten years. When she later took a welding job nearby, the court examined whether the promise was ancillary to the sale and whether its scope exceeded what was needed to protect the buyer's interests.
Reporter's Ancillary Privacy Claim
Amelia Amari, a journalist, refused to reveal sources in a grand jury proceeding. She argued that her research notes deserved protection ancillary to First Amendment freedoms of belief and inquiry. The court considered whether that ancillary interest justified withholding the information.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Dictionaries
Branzburg v. Hayes408 U.S. 665 (1972)
Recreational Easement Ancillary to Flood Control
Adrian Aguilar challenged a city's demand for a greenway easement along his commercial property. The city claimed the recreational path was ancillary to its primary goal of reducing flooding. The court assessed whether the ancillary easement was sufficiently related to the stated public purpose.
Florence Dolan, Petitioner v. City of Tigard, Respondent512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304
Immunity Grant Ancillary to Testimony
Alexis Archer received a grant of immunity before testifying before a grand jury. The government later sought to use evidence derived from that testimony in a prosecution. The court examined whether the immunity was broad enough to cover ancillary uses of the compelled statements.
Kastigar v. United States406 U.S. 441 (1972)
Benefits Ancillary to Marriage Recognition
Anika Anand and her spouse challenged state marriage laws that withheld hospital visitation and other benefits. They argued the denial affected rights ancillary to the core recognition of their marriage. The court considered whether those ancillary benefits altered the equal protection analysis.
Obergefell v. Hodges576 U.S. 644 (2015)
Supplemental Claims Ancillary to Diversity Jurisdiction
Andrew Avery joined additional plaintiffs whose individual claims fell below the amount-in-controversy threshold. The court evaluated whether it could exercise supplemental jurisdiction over those claims ancillary to the main diversity action. The analysis turned on whether Congress had authorized ancillary jurisdiction in that setting.
Exxon Mobil Corp. v. Allapattah Services, Inc.545 U.S. 546, 558–59 (2005)
Common questions
Frequently Asked
3
What does it mean for a noncompetition covenant to be ancillary to a valid transaction?+
It means the restraint on competition is subordinate to and arises out of an otherwise legitimate deal, such as the sale of a business. Courts then test whether the restraint's scope is no greater than needed to protect the buyer's interests and whether hardship or public injury outweighs those interests.
How does an ancillary proceeding differ from the main forfeiture action?+
An ancillary proceeding allows third parties to assert their interests in property after the court has ordered forfeiture against the defendant. It is separate from sentencing and does not affect the defendant's rights but determines whether the government must return property to claimants.
When is a claim considered ancillary for purposes of supplemental jurisdiction?+
A claim is ancillary when it is so related to the primary claims that it forms part of the same case or controversy. Congress authorized federal courts to hear such claims even when they do not independently satisfy jurisdictional requirements such as the amount in controversy.
576 U.S. 644 (2015)Legislation and Regulation
…in judgment). It is important to note with precision which laws petitioners have challenged. Although they discuss some of the ancillary legal benefits that accompany marriage, such as hospital visitation rights and recognition of spousal status on official documents, petitioners’ lawsuits target the laws defining marriage…