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Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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When Federal Court Has Neither Diversity Nor Federal Question Jurisdiction Exists, § 1367 Does Not Confer Discretion to Exercise Supplemental Jurisdiction over State Law Claims

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Dakota, Minnesota & Eastern Railroad Corp. v. Schieffer, 2012 U.S. App. LEXIS 26936 (8th Cir. May 30, 2012):

As there is neither diversity nor federal question jurisdiction over Schieffer's contract-based claim for attorneys' fees and expenses, federal jurisdiction must be based upon the district court's supplemental jurisdiction under 28 U.S.C. § 1367. But courts have uniformly held that, when original federal jurisdiction is wholly lacking (as here), this statute confers no discretion to exercise supplemental jurisdiction over remaining state-law claims. See Toste Farm Corp. v. Hadbury, Inc., 70 F.3d 640, 646 n.11 (1st Cir. 1995) ("Supplemental jurisdiction . . . cannot survive the jurisdictional failure of the original claim."); Musson Theatrical, Inc. v. Fed. Exp. Corp., 89 F.3d 1244, 1255 (6th Cir. 1996) ("If the court dismisses plaintiff's federal claims [for lack of subject matter jurisdiction], then supplemental jurisdiction can never exist.") (emphasis in original); Scarfo v. Ginsberg, 175 F.3d 957, 962 (11th Cir. 1999) (citing cases). "The court must have jurisdiction over a case or controversy before it may assert jurisdiction over ancillary claims." Peacock v. Thomas, 516 U.S. 349, 355 (1996); see also United States v. Afremov, 611 F.3d 970, 976 (8th Cir. 2010).

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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