40 likes | 162 Views
Finley v. US. Finley: Structure of Lawsuit. Original Claim ? P v. US (FTCA – Exclusive) Supplemental Claims ? P v. Electric Company (Wires) P v. City (Runway Lights). Does it pass Gibbs? Then why is there no supplemental jurisdiction?. What did Finley Change?. Statute (Implied).
E N D
Finley: Structure of Lawsuit • Original Claim? • P v. US (FTCA – Exclusive) • Supplemental Claims? • P v. Electric Company (Wires) • P v. City (Runway Lights) • Does it pass Gibbs? • Then why is there no supplemental jurisdiction?
What did Finley Change? Statute (Implied) Constitution (Gibbs) Statute (Express) Discretion
Finley’s New Standard • Even if the supplemental claim fully satisfied Gibbs • Pendent Party jurisdiction would not be recognized • Unless a statute explicitly conferred it.