Opinion

Margaret Dezell v. Day Island Yacht Club

  • 796 F.2d 324
  • 6 Fed. R. Serv. 3d 880
  • 1986 U.S. App. LEXIS 27889
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 8, 1986
Status
Published
Author
Schroeder
On the bench
Wright, Sneed, Schroeder
Cited by
12 cases
Authority
More cited than 25.5%

The opinion

SCHROEDER, Circuit Judge,

concurring in part and dissenting in part.

I agree with the majority that the federal claim was not insubstantial, but ultimately unredressable because of the absence of state action. I respectfully dissent, however, from the majority’s strained conclusion that the district court abused its discretion in exercising pendent jurisdiction.

The state and federal claims sought to remedy the same injury, and the district court decided them virtually simultaneously. Factors of judicial economy, convenience and fairness to the litigants thus all militate in favor of the exercise of pendent jurisdiction in this case. The result of the majority’s decision is to force the plaintiff to refile and relitigate her action in state court.

As the Supreme Court has said, “it is evident from Gibbs that pendent state law claims are not always, or even almost always, to be dismissed and not adjudicated. On the contrary, given advantages of economy and convenience and no unfairness to litigants, Gibbs contemplates adjudication of these claims.” Hagans v. Lavine, 415 U.S. 528, 546 , 94 S.Ct. 1372, 1383 , 39 L.Ed.2d 577 (1974) (interpreting United Mine Workers of America v. Gibbs, 383 U.S. 715 , 86 S.Ct. 1130 , 16 L.Ed.2d 218 (1966)). This case, like Gibbs, has “one plaintiff, one defendant, and a federal claim joined with a state created claim.” C. Wright, The Law of Federal Courts 107 (4th ed. 1983). It is, like Gibbs , “a classic illustration of pendent jurisdiction.” Id. I would therefore review the district court’s decision on the merits of the state law claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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