UMW v. Gibbs

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UMW v. Gibbs
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Gibbs What Were Ps Legal Theories?

• Federal
• Secondary Boycott
• State
• Tortious Interference
• Unlawful Conspiracy

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Gibbs What Were Ps Claims (Damage Theories)?

• Loss of Mine Superintendent Job (Job Claim)
• Loss of contract to haul for the mine (Haulage
  Claim)

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Job Claim
Haulage Claim
Fed
State
Fed
State
What does the jury do?
What does judge do about federal job claim?
What does judge do about state job claim?
What does judge do about haulage claim?
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Basic Nature of the Supplemental Jurisdiction
Problem

• P has two claims
• The first (the Original Claim) could be
  brought in federal court by itself
• The second (the Supplemental Claim) could not
• When can P use the original claim to pull the
  supplemental claim into federal court?

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The 3 (or 2 ½) Part Gibbs Test

• Does the original claim raise a substantial
  federal question?
• Do the supplemental claim and the original claim
  arise out of a common nucleus of operative
  fact?
• Would the original claim and the supplemental
  claim ordinarily be tried together if we had a
  unitary judicial system?

• Translation Is the original claim one for which
  there is either
• a non-frivolous claim of federal question
  jurisdiction, or
• a non-frivolous claim of diversity jurisdiction

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Discretion Under Gibbs

• Even if the factors are met, trial court has
  discretion to dismiss the supplemental claim
  without prejudice if (e.g.)
• Original Claims dismissed before trial
• Supplemental claims predominate
• There is substantial risk of jury confusion