Borough of West Mifflin v. Lancaster
45 F.3d 780 (3d Cir. 1995) Cited 953 times 1 Legal AnalysesHolding that "where the claim over which the district court has original jurisdiction is dismissed before trial, the district court must decline to decide the pendent state claims unless considerations of judicial economy, convenience, and fairness to the parties provide an affirmative justification for doing so."
Hoover v. Ronwin
466 U.S. 558 (1984) Cited 350 times 2 Legal AnalysesHolding that state-action immunity can be decided on a Rule 12(b) motion to dismiss
Jaghory v. New York State Dep't of Education
131 F.3d 326 (2d Cir. 1997) Cited 685 timesHolding that, when reviewing dismissal under Fed.R.Civ.P. 12(b) or 12(b), "the court must accept all factual allegations in the complaint as true and draw inferences from those allegations in the light most favorable to the plaintiff"
Purgess v. Sharrock
33 F.3d 134 (2d Cir. 1994) Cited 544 timesHolding "fairness to litigants" is one factor to consider in determining whether supplemental jurisdiction is appropriate
Lipton v. Nature Co.
71 F.3d 464 (2d Cir. 1995) Cited 503 times 5 Legal AnalysesHolding that defendant's claim that he conducted "thorough" research was nonactionable puffery
United Ind. Corp. v. Clorox Co.
140 F.3d 1175 (8th Cir. 1998) Cited 426 times 1 Legal AnalysesHolding that movant seeking a preliminary injunction has a heavy burden
Itar-Tass Russian News Agn. v. Russian Kurier
140 F.3d 442 (2d Cir. 1998) Cited 393 timesHolding that the adoption of 28 U.S.C. § 1367 altered the Gibbs analysis by granting the Court discretion to decline supplemental jurisdiction only if founded upon an enumerated category of subsection 1367(c)
S.C. Johnson Son, Inc. v. Clorox Co.
241 F.3d 232 (2d Cir. 2001) Cited 183 times 7 Legal AnalysesFinding a bar on "false or misleading descriptions" sufficiently specific when read in the context of the district court’s orders
Gmurzynska v. Hutton
355 F.3d 206 (2d Cir. 2004) Cited 113 times 2 Legal AnalysesHolding that articles published by a journalist are "not commercial advertising, commercial promotion, or commercial speech. Rather, it is speech that is traditionally granted full protection under the First Amendment"
U.S. Fire Ins. Co. v. United Limousine Service
328 F. Supp. 2d 450 (S.D.N.Y. 2004) Cited 77 timesHolding that § 1367 required the court to hear a state law claim because the claim arose from the same fraud scheme that gave rise to a federal fraud claim that the plaintiffs brought, and over which the court had original jurisdiction
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 61,455 times 78 Legal AnalysesHolding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,277 times 183 Legal AnalysesGranting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR