Summary
holding it is clear a district court holds discretion to "decline supplemental jurisdiction [over state law claims] when all claims over which the district court had original jurisdiction have been properly dismissed"
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Docket No. 95-7868.
Argued: April 1, 1996.
Decided: April 10, 1996.
BARTON DENIS EATON, White Plains, New York, for Plaintiff-Appellant.
DAVID B. RIGNEY, Lankenau Kovner Kurtz, New York, New York (William S. Adams, Edward J. Klaris, of counsel), for Defendants-Appellees.
Appeal from a judgment of the United States District Court for the Southern District of New York (Mukasey, Judge) dismissing appellant's complaint alleging that a law journal's editorial staff had so "mangled" his student comment that publication constituted a violation of the Lanham Act. We affirm.
Before: OAKES, WINTER, and CALABRESI, Circuit Judges.
Jerry Choe appeals from a grant of summary judgment by Judge Mukasey dismissing his complaint against Fordham University School of Law and the Fordham International Law Journal. The complaint alleges a "mangling" of his student comment by the Journal's editors so severe as to constitute a false designation of origin under the Lanham Act and a violation of Choe's "droit moral." It further alleges various state law torts.
We affirm for substantially the reasons stated by the district court, Choe v. Fordham Univ. Sch. of Law, No. 93 Civ. 5992 (MBM), 1995 WL 422487 (S.D.N.Y. July 14, 1995).
We note that Judge Mukasey's decision to dismiss Choe's complaint without considering his pendent state law claims was well within his discretion to decline supplemental jurisdiction when all claims over which the district court had original jurisdiction have properly been dismissed. See United Mine Workers of America v. Gibbs, 383 U.S. 715 (1966); 28 U.S.C. §(s) 1367(c)(3).