| Pendent Jurisdiction |
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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 '', . ''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 , its Supplemental Jurisdiction statute. However, Subsection ยง 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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