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Supplemental Jurisdiction

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28 USC 1367(d) provides that the statute of limitations on any claim within a federal court's supplemental jurisdiction (and any other claim that is voluntarily dismissed at the same time) is tolled for 30 days after the supplemental jurisdiction claim is dismissed.  This decision holds that the 30 day tolling provision applies only when the supplemental jurisdiction claim is involuntarily… Read More

28 USC 1367(d) provides that when a case is brought within the federal courts' original jurisdiction and state law claims are also asserted, invoking the federal court's supplemental jurisdiction, any applicable statute of limitations is tolled for a period of 30 days following dismissal of the state law claims if the federal court declines to exercise jurisdiction over them.  This… Read More

Following Arroyo v. Rosas (9th Cir. 2021) 19 F.4th 1202, this decision affirms the district court's order declining supplemental jurisdiction over Unruh Act claims in this disability discrimination case.  California's procedural restrictions on disability discrimination suits under Civ. Code 52(a) and 55.56 are an exceptional circumstance warranting the refusal to exercise supplemental jurisdiction (which would allow plaintiffs the chance to… Read More

Under 28 USC 1367(c)(4), the district court may decline jurisdiction of state law claims  if in extraordinary circumstances there are compelling circumstances for declining jurisdiction.  This decision affirms the district court's ruling that there were extraordinary circumstances in this ADA, physical barriers case, because California's Legislature had amended Civ. Code 52(a) and 55.56 to discourage repeat litigation by a small… Read More

A federal court may exercise supplemental jurisdiction over a state-law cross-claim between nondiverse parties so long as the cross-claim remains part of an action commenced by a complaint that properly invokes diversity or federal question jurisdiction, but if the cross-claim is severed, the district court loses jurisdiction over it.  Read More