Federal Courts. Ancillary Jurisdiction. Under the Doctrine of Pendent Jurisdiction a Federal Court May Dispose of a Case on the Basis of the State Claim without Deciding the Merits of the Federal Questions. Taussig v. Wellington Fund, Inc. (D. Del. 1960)

1961 ◽  
Vol 74 (8) ◽  
pp. 1660
Keyword(s):  
Federal Court ◽  
Federal Courts ◽  
The State

scholarly journals The Constitutional Power and Relation of the State and Federal Courts

1909 ◽  
Vol 18 (3) ◽  
pp. 165
Author(s):  
J. C. Pritchard
Keyword(s):  
Federal Courts ◽  
The State

scholarly journals Notes Procedural Fencing in Retiree Benefits Disputes: Applications of the First-Filed Rule in Federal Courts

2007 ◽  
Vol 69 (1) ◽  
Author(s):  
Julie Vanneman
Keyword(s):  
United States ◽  
West Virginia ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Phone Call ◽  
District Court ◽  
Health Coverage ◽  
Southern District ◽  
Maximum Benefit

Basil Chapman retired from ACF Industries, a railroad-car maker, after thirty-eight years of service. In December 2003, he received an unexpected phone call at his West Virginia home from a union representative, who informed him that an ACF executive wanted to speak with him. When they spoke, the executive informed Mr. Chapman that ACF was planning on changing its retirees’ health coverage plan. The ACF plan would now have a lifetime maximum benefit cap on hospital and surgical expenses for each participant and would require retirees to make monthly contributions. According to court papers filed later, Mr. Chapman responded, “We have a contract. You can’t do that.” Then, he said that he would “file in federal court” against ACF. The next business day, ACF filed a declaratory judgment action in the United States District Court for the Eastern District of Missouri asking the court to rule that retiree benefits were not vested and that ACF accordingly could alter benefits unilaterally. On January 26, 2004, Mr. Chapman, other named plaintiffs, and their union sued ACF in the United States District Court for the Southern District of West Virginia.

Gold Mining

2019 ◽  
pp. 22-47
Author(s):  
David Vogel
Keyword(s):  
San Francisco ◽  
Gold Mining ◽  
Critical Role ◽  
Federal Court ◽  
The United States ◽  
The State ◽  
Nineteenth Century America ◽  
Business Interests ◽  
Hydraulic Mining ◽  
History Of

This chapter, which begins by exploring California's early history, demonstrates the critical role played by both geography and public policy in shaping the state's early economic development, the environmental impacts of that development, and the state's efforts to address those impacts. The discovery of gold in the Sierra foothills in 1848 literally created the state of California. However, the geography of those foothills and the valley into which their rivers flowed also made gold mining one of the most environmentally destructive natural resource activities in nineteenth-century America. It sharply divided the business interests of northern California, leading to a prolonged and bitter battle between mining companies and farmers in the Sacramento Valley. This conflict was finally resolved by a federal court decision in 1884 that banned hydraulic mining—the first important environmental ruling issued by a federal court. This decision was issued in San Francisco by a California judge, illustrating the important role played by the state in the history of pollution control in the United States.

Pendent Jurisdiction in Australia—Section 32 of the Federal Court of Australia Act 1976

1979 ◽  
Vol 10 (3) ◽  
pp. 211-237 ◽  
Author(s):  
W. M. C. Gummow
Keyword(s):  
United States ◽  
Common Law ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
State Courts ◽  
Statutory Law ◽  
The Future

The Federal Court of Australia has only the jurisdiction conferred on it by statute. However, many disputes falling within that jurisdiction, particularly in trade practices matters, will also involve elements of common law or other State or federal statutory law. Section 32 invests in the Federal Court additional jurisdiction in some such cases in respect of “associated matters”. This may be compared with “pendent jurisdiction” developed by the federal courts in the United States. The object of this article is to analyse the meaning of the term “associated matters” and to consider the bearing it has upon the future relationship between the Federal Court and the various State courts.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

Commentary on "Planning for the State and Federal Courts": The Additional Problem of Federal Legislation

1992 ◽  
Vol 78 (8) ◽  
pp. 1883
Author(s):  
Robert F. Stephens
Keyword(s):  
Federal Courts ◽  
The State ◽  
Federal Legislation ◽  
Additional Problem
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