Exxon Mobil Corp. v. Allapattah Services, Inc.: The Wrath of Zahn. The Supreme Court's Requiem for "Sympathetic Textualism"

Abstract

Is Congress, the body that passed § 1367, made up of civil procedure radicals? Some legal scholars and Justice Ginsburg's dissent in Exxon Mobil Corp. v. Allapattah Services, Inc. would lead one to believe that the majority's decision makes such an assertion.

This note will analyze the various opinions in Exxon Mobil Corp. v. Allapattah Services, Inc.  Part II will be a brief history of diversity jurisdiction and amount-in-controversy jurisprudence, including amount-incontroversy jurisprudence that developed in general federal-question jurisdiction cases. Part III will explore the development of ancillary and pendent jurisdiction. Part IV will discuss the creation of 28 U.S.C. § 1367, the reaction to the legislation by legal scholars and interpretations by the courts. Part V will analyze the Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. Part VI will discuss the ramifications and the effect of the Court's holding.