Holding
Whereas the Eighth Circuit relied on United Mine Workers of America v. Gibbs, 383 U.S. 715 (1966), the Supreme Court in its 7 to 2 majority decision written by Justice Potter Stewart limited Gibbs to pendent jurisdiction, bringing state claims in addition to a federal claim. The Court set forth two limits on ancillary jurisdiction beyond the "common nucleus of operative fact" of Gibbs. First, the non-federal claim must be "ancillary and dependent" on the original claim rather than "new and independent", and second, courts can be more lenient to defendants than to plaintiffs because plaintiffs choose where the claims will be brought. In this instance, Kroger was a plaintiff who had chosen federal court and the claim against Owen was "entirely separate" from her original claim against OPPD "since liability to her depended not at all upon whether or not OPPD was also liable." Thus, the court generally upheld the complete diversity requirement of 28 U.S.C. ยง 1332(a)(1) but allowed certain limited exceptions for ancillary jurisdiction. Kroger, however, did not meet those exceptions.
Read more about this topic: Owen Equipment & Erection Co. V. Kroger
Famous quotes containing the word holding:
“No collection of people who are all waiting for the same thing are capable of holding a natural conversation. Even if the thing they are waiting for is only a taxi.”
—Ben Elton (b. 1959)
“A Roman divorced from his wife, being highly blamed by his friends, who demanded, “Was she not chaste? Was she not fair? Was she not fruitful?” holding out his shoe, asked them whether it was not new and well made. “Yet,” added he, “none of you can tell where it pinches me.””
—Plutarch (c. 46–120 A.D.)
“Opera once was an important social instrument—especially in Italy. With Rossini and Verdi people were listening to opera together and having the same catharsis with the same story, the same moral dilemmas. They were holding hands in the darkness. That has gone. Now perhaps they are holding hands watching television.”
—Luciano Berio (b. 1925)