2. UMW v. Gibbs

3. Gibbs – What Were P’s Legal Theories? Federal –Secondary Boycott State –Tortious Interference –Unlawful Conspiracy

4. Gibbs – What Were P’s Claims (Damage Theories)? Loss of Mine Superintendent Job (Job Claim) Loss of contract to haul for the mine (Haulage Claim)

5. Job Claim FedState Haulage Claim FedState P Wins D Acts Lawful P Loses D Acts Not Lawful P Wins No Damage P Loses What does the jury do? What does judge do about haulage claim? What does judge do about federal job claim? What does judge do about state job claim?

6. Basic Nature of the Supplemental Jurisdiction Problem P has two claims –The “first” (the “Original Claim”) could be brought in federal court by itself –The “second” (the “Supplemental Claim”) could not When can P use the original claim to pull the supplemental claim into federal court?

7. The 3 (or 2 ½) Part Gibbs Test Does the original claim raise a “substantial federal question”? Do the supplemental claim and the original claim arise out of a “common nucleus of operative fact”? Would the original claim and the supplemental claim ordinarily be tried together if we had a unitary judicial system? Translation: Is the original claim one for which there is either a non-frivolous claim of federal question jurisdiction, or a non-frivolous claim of diversity jurisdiction

8. Discretion Under Gibbs Even if the factors are met, trial court has discretion to dismiss the supplemental claim without prejudice if (e.g.): –Original Claims dismissed before trial –Supplemental claims predominate –There is substantial risk of jury confusion