Pendent jurisdiction

Pendent jurisdiction

Pendent jurisdiction is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by Justice Antonin Scalia as "jurisdiction over nonfederal claims between parties litigating other matters properly before the court." ["Finley v. United States", ussc|490|545|1989.] Such jurisdiction is granted to encourage both "economy in litigation", ["Williams Elecs. Games, Inc. v. Garrity", No. 05-4006 (7th Cir. 2007).] and fairness by eliminating the need for a separate federal and state trial hearing essentially the same facts yet potentially reaching opposite conclusions.

Pendent jurisdiction refers to the court's authority to adjudicate claims it could not otherwise hear. The related concept of pendent party jurisdiction by contrast is the court's authority to adjudicate claims against a party not otherwise under the court's jurisdiction because the claim arises from the same nucleus of facts as another claim properly before the court.

The leading case on pendent jurisdiction is "United Mine Workers of America v. Gibbs", ussc|383|715|1966. "Gibbs" has been read to require that (1) there must be a federal claim (whether from the Constitution, federal statute, or treaty) and (2) the non-federal claim arises "from a common nucleus of operative fact" such that a plaintiff "would ordinarily be expected to try them in one judicial proceeding."

The holding in "Gibbs" has been essentially codified by Congress along with ancillary jurisdiction in usc|28|1367, its supplemental jurisdiction statute. However, Subsection § 1367 (c)(3) "expressly authorizes the district judge to dismiss a supplemental claim when the federal claims have dropped out of the case." [Ibid.]

References


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Look at other dictionaries:

  • pendent jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. pendent jurisdiction …   Law dictionary

  • pendent jurisdiction — A principle applied in federal courts that allows state created causes of action arising out of the same transaction to be joined with a federal cause of action even if diversity of citizenship is not present. Pendent jurisdiction is… …   Black's law dictionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

  • pendent — pen·dent / pen dənt/ adj [Middle French pendant suspended, present participle of pendre to hang, ultimately from Latin pendēre] 1: remaining undetermined: pending (1) a pendent suit 2: of, relating to, or being the basis of pendent jurisdiction… …   Law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary

  • pendent party jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Pendent party jurisdiction — In the United States federal courts, pendent party jurisdiction refers to a court s power to adjudicate a claim against a party whom would otherwise not be subject to the jurisdiction of the federal courts, because the claim arose from a common… …   Wikipedia

  • ancillary jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. ancillary jurisdiction …   Law dictionary

  • Supplemental jurisdiction — is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject matter jurisdiction to hear the additional claims independently. usc|28|1367 is a… …   Wikipedia

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