28 U.S.C 1367 was a controversial and confusing attempt by Congress to codify and address the issue of Supplemental Jurisdiction established in cases such as United Mine Workers v. Gibbs, 383 U.S. 715 (1966), Zahn v. International Paper, Co., 414 U.S. 291 (1973), and Finley v. United States, 490 U.S. 545 (1989). The Supreme Court tried to clarify some of the confusing issues regarding 1367 in a 2005 opinion. Exxon Mobil Corp v. Allapattah Servs., Inc., (2005) (Kennedy, J., writing for the Court) (Stevens, J., dissenting) (Ginsburg, J., dissenting). The question of whether the Court clarified the issue or made it more complicated remains arguably unanswered.
posted by dios on Feb 16, 2006 - 25 comments