Also known as:claims arose · claim arises · claim arising · accrual of claim
Written by attorneys · grounded in primary & secondary sources — see below
A claim that originates from the same transaction or occurrence as the original action or a related claim in the proceeding. The connection determines whether the claim may be joined through crossclaim, counterclaim, or supplemental jurisdiction rules.
Sources & Authorities
How it applies
Common Examples
6
Coparty Crossclaim on Shared Deal
Charles Cunningham sued Cardinal Insurance for breach of a reinsurance treaty. Cardinal answered and then asserted a crossclaim against its coparty Cypress Technologies alleging that Cypress had misrepresented the same underlying risks in the treaty negotiations. The court allowed the crossclaim because it shared the identical treaty formation events.
State Unfair Competition Tacked to Copyright
Cobalt Energy sued Crystal Dynamics in federal court for copyright infringement over a shared software module. Cobalt added a state unfair-competition count alleging the same module had been misappropriated. The court exercised jurisdiction over the state claim because both counts rested on the identical acts of copying and distribution.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Double Jeopardy Bars Second Robbery Trial
After acquittal on a robbery charge involving four masked men, the state tried Clifford Cox again for robbing a fifth victim during the same holdup. The court held the second prosecution barred because the single occurrence supplied the factual basis for both charges.
Ashe v. Swenson397 U.S. 436, 444 (1970)
State Service Rule Controls Limitations
Caitlin Crowley filed a diversity complaint in federal court on the last day of the state limitations period. She served the defendant months later under federal Rule 3. The court dismissed because state law, not federal, determined when the claim arose for limitations purposes.
Walker v. Armco Steel Corp.446 U.S. 740 (1980)
Diverse Plaintiffs Join Under Supplemental Jurisdiction
Carlos Castillo and several other plaintiffs sued Exxon Mobil in federal court on state-law claims exceeding $75,000. One plaintiff fell below the amount-in-controversy threshold. The court retained jurisdiction over the smaller claim because it arose from the identical fuel-pricing conduct.
Exxon Mobil Corp. v. Allapattah Services, Inc.545 U.S. 546, 558–59 (2005)
Summary Judgment on Missing Conspiracy Element
Christine Castro sued a store and a police officer alleging a conspiracy to violate her civil rights. The store moved for summary judgment. The court granted the motion because Castro produced no evidence that the store and officer had reached an agreement arising from the same incident.
Adickes v. S.H. Kress & Co.398 U.S. 144, 152 (1970)
Common questions
Frequently Asked
3
When does a claim arise out of the same transaction or occurrence for crossclaim purposes?+
A claim arises out of the same transaction or occurrence when it shares a common nucleus of operative facts with the original action, allowing joinder under Rule 13(g).
Supporting sources
Does a state-law claim receive supplemental jurisdiction when it shares facts with a federal claim?+
Yes. A state claim receives supplemental jurisdiction if it arises from the same set of facts as the federal claim, forming part of the same case or controversy.
Supporting sources
How does the timing of when a claim arose affect statute-of-limitations analysis in diversity cases?+
State law governs when the claim arose for limitations purposes even when the action is filed in federal court under diversity jurisdiction.
Supporting sources
424 U.S. 319 (1976)Constitutional Law
…United States, the Secretary, or any officer or employee thereof shall be brought under section 41 of Title 28 to recover on any claim arising under this subchapter." [^maj-8]: Section 405 (g) further provides: "Such action shall be brought in the district court of the United States for the judicial district in which the…