pendent jurisdiction

pendent jurisdiction
A principle applied in federal courts that allows state created causes of action arising out of the same transaction to be joined with a federal cause of action even if diversity of citizenship is not present.
Pendent jurisdiction is discretionary matter whereby federal court may allow assertion of nonfederal claim for which no independent jurisdictional ground exists along with recognized federal claim between same parties who are properly before the court, provided relationship between federal claim and state claim permits conclusion that entire action before court comprises but one constitutional case. Schwab v. Erie Lackawanna R. Co., D.C.Pa., 303 F.Supp. 1398,1399.
The doctrine permits federal court under some circumstances to determine state cause of action which otherwise would have to be heard in state court; if state court would be without authority to award damages under state law, the doctrine can give the federal district court no greater power to do so. Local 20, Teamsters, Chauffeurs and Helpers Union v. Morton, 377 U.S. 252, 84 S.Ct. 1253, 1257, 12 L.Ed.2d 280.
Pendent jurisdiction pertains to the concept whereby a federal district court, in the exercise of jurisdiction over a federal law claim properly before it, may also, in its discretion, proceed to extend jurisdiction over a related state law claim where both claims arise from a common nucleus of operative facts. Barnes v. Childs, D.C.Miss., 63 F.R.D. 628, 630

Black's law dictionary. . 1990.

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