· 2/17/1978
Elizabeth Forsling Harris v. Gloria Steinem, Patricia Carbine and Ms. Magazine Corp.
Citations
- 571 F.2d 119
- 24 Fed. R. Serv. 2d 1230
- 1978 U.S. App. LEXIS 12541
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he predominance of difficult state law issues as outlined above would justify dismissal of such jurisdiction as a matter of discretion.”
- court must determine whether “essential facts of the various claims are so logically connected that considerations of judicial economy and fairness dictate that the issues be resolved in one lawsuit”
- “a compulsory counterclaim, unless specifically excepted, must be pleaded or be forever barred”
- “[N]o independent basis of federal jurisdiction is needed for the court to adjudicate the ancillary issues thus raised [by a compulsory counterclaim], if the main claim itself presents a colorable federal issue.”
- “(a) claim in the nature of malicious prosecution, which arises out of the bringing of the main action, generally cannot be asserted either as a compulsory or a permissive counterclaim, since such a claim is premature prior to the determination of the main action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Oakes, Wyatt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.