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ARTICLE · 23 JANUARY 2018

Artis V. D.C.: SCOTUS Explains How § 1367(D) Stops The Clock

But what happens when the federal claims are dismissed without resolving the state claims? Can the plaintiff refile the state claims in state court...

United StatesLitigation, Mediation & Arbitration

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they "form part of the same case or controversy under Article III of the United States Constitution."  Thus, a plaintiff seeking damages under 42 U.S.C. § 1983 for violation of her 4th Amendment rights could litigate in the same federal-court action any state-law claims (like violation of the state constitution, false arrest, assault and battery) arising out of the same incident. Or a plaintiff seeking damages for a racially discriminatory job termination, under Title VII of the 1964 Civil Rights Act, could also litigate his state-law discrimination or breach-of-contract claims in the same action in federal court.

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