state law claim (District of Columbia) · Go Syfert
← District of Columbia issues

state law claim in District of Columbia

10 District of Columbia opinions name it 1 courts 1992–2024 3 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manninggreen
scotus · 2016 · cited in 2 District of Columbia opinions naming this issue, 2024–2024
2 sentences

2024See id. (explaining that federal jurisdiction over a state-law claim exists if the claim “necessarily raises” a federal issue that is “actually disputed and substantial,” and if a federal court may entertain the claim “without disturbing any congressionally approved balance of federal and state power”). 25 IV.

2024See id. (explaining that federal jurisdiction over a state-law claim exists if the claim “necessarily raises” a federal issue that is “actually disputed and substantial,” and if a federal court may entertain the claim “without disturbing any congressionally approved balance of federal and state power”). 25 IV.

22
Lingle v. Norge Division of Magic Chef, Inc.green
scotus · 1988 · cited in 2 District of Columbia opinions naming this issue, 1999–2008
2 sentences

2008See id. at 407, 108 S.Ct. 1877 .

2008Id. at 405-06, 108 S.Ct. 1877 .

12
United Mine Workers of America v. Gibbsred
scotus · 1966 · cited in 2 District of Columbia opinions naming this issue, 1993–1995
2 sentences

1995In King, we analogized plaintiff’s "common law claim accompanying her sex discrimination claim as ‘pendent,’ similar to a state law claim that might be pendent to a federal claim if 'derive[d] from a common nucleus of operative fact.’ United Mine Workers v. Gibbs, 383 U.S. 715, 725 [, 86 S.Ct. 1130, 1138 , 16 L.Ed.2d 218 ] ... (1966).” 640 A.2d at 665 In Gibbs , the Court characterized pendent claims as those which a plaintiff "would ordinarily be expected to try ... all in one proceeding.” 383 U.S. at 726 , 86 S.Ct. at 1139 .

1995In King, we analogized plaintiff’s "common law claim accompanying her sex discrimination claim as ‘pendent,’ similar to a state law claim that might be pendent to a federal claim if 'derive[d] from a common nucleus of operative fact.’ United Mine Workers v. Gibbs, 383 U.S. 715, 725 [, 86 S.Ct. 1130, 1138 , 16 L.Ed.2d 218 ] ... (1966).” 640 A.2d at 665 In Gibbs , the Court characterized pendent claims as those which a plaintiff "would ordinarily be expected to try ... all in one proceeding.” 383 U.S. at 726 , 86 S.Ct. at 1139 .

12
Log Creek, LLC. v. Kesslergreen
flnd · 2010 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023The fact of a state law violation does not resolve whether a plaintiff has been 12 deprived of due process.”) (brackets and internal quotation marks omitted); Log Creek, LLC v. Kessler, 717 F. Supp. 2d 1239, 1245 (N.D.

11
Edwards v. Direct Access, LLCgreen
nev · 2005 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Reynolds v. Diamond Foods & Poultry, Inc.green
mo · 2002 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
1 sentence

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
DeGroot v. DeGrootgreen
dc · 2008 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
1 sentence

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Lary v. Tom Taylor Agencygreen
alacivapp · 2003 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
1 sentence

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Kaufman v. ACS Systems, Inc.green
calctapp · 2003 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Zelma v. Konikowgreen
njsuperctappdiv · 2005 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Carnett's, Inc. v. Hammondgreen
ga · 2005 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Condon v. Office Depot, Inc.green
fladistctapp · 2003 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
1 sentence

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Kaplan v. Democrat & Chroniclegreen
nyappdiv · 1999 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

2008See Lary v. Tom Taylor Agency, 878 So.2d 1165, 1167 (Ala.Civ.App.2003) (noting that in a similar case “we rejected the proposition that states must actively ‘opt in’ with respect to the TCPA’s enforcement provisions in order for private parties to be able to seek damages or penalties under 47 U.S.C. § 227 (b)(3)”); Kaufman v. ACS Sys., Inc., 110 Cal.App.4th 886 , 2 Cal.Rptr.3d 296, 306 (2003) (noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”); Condon v. Office Depot, Inc., 855 So.2d 644, 646-47 (Fla.Dist.Ct.App.2003) (joining the majority

11
Allis-Chalmers Corp. v. Lueckgreen
scotus · 1985 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
2 sentences

2008See Lingle, supra, 486 U.S. at 407 , 108 S.Ct. 1877 (examining in the § 301 preemption analysis the elements of a state remedy in order to determine whether the claim could be resolved without interpreting the CBA); see also Allis-Chalmers, supra, 471 U.S. at 213-16 , 105 S.Ct. 1904 (examining the CBA and analyzing the state tort remedy in order to determine whether § 301 preempted application of the tort remedy).

2008See Lingle, supra, 486 U.S. at 407 , 108 S.Ct. 1877 (examining in the § 301 preemption analysis the elements of a state remedy in order to determine whether the claim could be resolved without interpreting the CBA); see also Allis-Chalmers, supra, 471 U.S. at 213-16 , 105 S.Ct. 1904 (examining the CBA and analyzing the state tort remedy in order to determine whether § 301 preempted application of the tort remedy).

11
Duke v. Absentee Shawnee Tribe of Oklahoma Housing Authoritygreen
ca10 · 1999 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000Housing Auth., 199 F.3d 1123, 1123 (10th Cir.1999) (affirming dismissal of federal claims for lack of jurisdiction and subsequent dismissal of state claims under § 1367(c)); Baltin v. Alaron Trading Coi'p., 128 F.3d 1466 , 1473 n. 18 (11th Cir.1997) (“Because the district court did not have subject matter jurisdiction over the federal claim, we also hold that the district court properly declined to exercise supplemental jurisdiction over this state law claim [under] 28 U.S.C. § 1367 (c)(3).”); Baggett v. First Nat’l Bank of Gainesville, 117 F.3d 1342, 1352 (11th Cir.1997) (same); Logan v. Lill

11
Logan v. Lilliegreen
paed · 1997 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000Housing Auth., 199 F.3d 1123, 1123 (10th Cir.1999) (affirming dismissal of federal claims for lack of jurisdiction and subsequent dismissal of state claims under § 1367(c)); Baltin v. Alaron Trading Coi'p., 128 F.3d 1466 , 1473 n. 18 (11th Cir.1997) (“Because the district court did not have subject matter jurisdiction over the federal claim, we also hold that the district court properly declined to exercise supplemental jurisdiction over this state law claim [under] 28 U.S.C. § 1367 (c)(3).”); Baggett v. First Nat’l Bank of Gainesville, 117 F.3d 1342, 1352 (11th Cir.1997) (same); Logan v. Lill

11
Rebecca Otwell Baggett, Teressa Latrelle Otwell, Frances Otwell Bagby v. First National Bank of Gainesvillegreen
ca1 · 1997 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000Housing Auth., 199 F.3d 1123, 1123 (10th Cir.1999) (affirming dismissal of federal claims for lack of jurisdiction and subsequent dismissal of state claims under § 1367(c)); Baltin v. Alaron Trading Coi'p., 128 F.3d 1466 , 1473 n. 18 (11th Cir.1997) (“Because the district court did not have subject matter jurisdiction over the federal claim, we also hold that the district court properly declined to exercise supplemental jurisdiction over this state law claim [under] 28 U.S.C. § 1367 (c)(3).”); Baggett v. First Nat’l Bank of Gainesville, 117 F.3d 1342, 1352 (11th Cir.1997) (same); Logan v. Lill

11
Jackson v. District of Columbiagreen
dc · 1980 · cited in 1 District of Columbia opinions naming this issue, 1993–1993
1 sentence

1993That is what Kidd did in this case when she filed her formal sex discrimination complaint with the Office of Human Rights on September 1, 1988. [10] Our holding in this case says nothing about exhaustion of administrative remedy requirements under the Human Rights Act. [11] Although not entirely congruent, it is useful to analogize appellee's common law claim accompanying her sex discrimination claim as "pendent," similar to a state law claim that might be pendent to a federal claim if "derive[d] from a common nucleus of operative fact." United Mine Workers v. Gibbs, 383 U.S. 715, 725 , 86 S.C

11
Boccardo v. Safeway Stores, Inc.green
calctapp · 1982 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
2 sentences

1992“Discretionary refusal by a federal court to exercise pendent jurisdiction over a state claim does not bar further litigation of the state claim in state court.” Boccardo v. Safeway Stores, Inc., 134 Cal.App.3d 1037, 1046 , 184 Cal.Rptr. 903, 909 (1982). 15 The fact, however, that a federal court most likely will dismiss a state law claim— a prediction based on the results of earlier cases — is not enough to assure litigants that the court “clearly” will decline to exercise “discretionary” power to keep the case.

1992“Discretionary refusal by a federal court to exercise pendent jurisdiction over a state claim does not bar further litigation of the state claim in state court.” Boccardo v. Safeway Stores, Inc., 134 Cal.App.3d 1037, 1046 , 184 Cal.Rptr. 903, 909 (1982). 15 The fact, however, that a federal court most likely will dismiss a state law claim— a prediction based on the results of earlier cases — is not enough to assure litigants that the court “clearly” will decline to exercise “discretionary” power to keep the case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Aubie BALTIN; Gwilda Baltin, Plaintiffs-Appellants. v. ALARON TRADING CORPORATION, Defendant-Appellee green
ca11 · 1997
1 sentence

2000Housing Auth., 199 F.3d 1123, 1123 (10th Cir.1999) (affirming dismissal of federal claims for lack of jurisdiction and subsequent dismissal of state claims under § 1367(c)); Baltin v. Alaron Trading Coi'p., 128 F.3d 1466 , 1473 n. 18 (11th Cir.1997) (“Because the district court did not have subject matter jurisdiction over the federal claim, we also hold that the district court properly declined to exercise supplemental jurisdiction over this state law claim [under] 28 U.S.C. § 1367 (c)(3).”); Baggett v. First Nat’l Bank of Gainesville, 117 F.3d 1342, 1352 (11th Cir.1997) (same); Logan v. Lill

12000–2000
King v. Kidd green
dc · 1993
2 sentences

1995In King, we analogized plaintiff’s "common law claim accompanying her sex discrimination claim as ‘pendent,’ similar to a state law claim that might be pendent to a federal claim if 'derive[d] from a common nucleus of operative fact.’ United Mine Workers v. Gibbs, 383 U.S. 715, 725 [, 86 S.Ct. 1130, 1138 , 16 L.Ed.2d 218 ] ... (1966).” 640 A.2d at 665 In Gibbs , the Court characterized pendent claims as those which a plaintiff "would ordinarily be expected to try ... all in one proceeding.” 383 U.S. at 726 , 86 S.Ct. at 1139 .

1995West's actions, moreover, were not merely foreseeable by the Credit Union; its Board actually witnessed these actions. [24] In King, we analogized plaintiff's "common law claim accompanying her sex discrimination claim as `pendent,' similar to a state law claim that might be pendent to a federal claim if `derive[d] from a common nucleus of operative fact.' United Mine Workers v. Gibbs, 383 U.S. 715, 725 [, 86 S.Ct. 1130, 1138 , 16 L.Ed.2d 218 ]... (1966)." 640 A.2d at 665 In Gibbs , the Court characterized pendent claims as those which a plaintiff "would ordinarily be expected to try ... all i

11995–1995

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 514 (1944–2026) TX 133 (1983–2025) IL 100 (1985–2026) OH 61 (1983–2026) NY 44 (1987–2026) WA 33 (1988–2025) MI 33 (1928–2025) IN 32 (1986–2026) NJ 31 (1989–2024) AL 29 (1981–2023) MA 27 (1978–2024) PA 26 (1982–2026) MD 26 (1984–2025) FL 24 (1987–2025) CO 23 (1989–2025) GA 23 (1982–2023) MO 21 (1903–2025) CT 20 (1991–2022) NC 20 (1987–2025) WI 20 (1980–2025) LA 19 (1974–2025) MT 19 (1987–2020) OR 19 (1982–2026) OK 18 (1991–2025) NM 18 (1990–2022) MN 17 (1961–2014) AZ 17 (1984–2025) KS 16 (1993–2022) VA 16 (1993–2026) SC 14 (1987–2019) KY 13 (1989–2020) IA 13 (1988–2018) WV 11 (1985–2020) TN 11 (1991–2025) ID 11 (1986–2025) MS 10 (1997–2018) DC 10 (1992–2024) ME 9 (1983–2021) NE 8 (1993–2023) HI 8 (1992–2016) AR 7 (1993–2011) AK 7 (1994–2025) UT 7 (1983–2017) WY 6 (1997–2023) SD 5 (1990–2008) ND 5 (1993–2013) DE 4 (2009–2023) VI 3 (2012–2026) VT 3 (1990–2013) RI 2 (1986–1986) NV 2 (1990–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check