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· 7/9/2013

Wisey's 1 LLC v. Nimellis Pizzeria LLC

Citations

  • 952 F. Supp. 2d 184
  • 2013 WL 3421945
  • 2013 U.S. Dist. LEXIS 95248

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding state claims “substantially predominate” where they “require[d] different elements of proof than the federal claims” and involved “several” other witnesses
  • “Here, there is no legal overlap and only some background factual overlap. Thus, there is no common nucleus of operative fact to support supplemental jurisdiction.”
  • no supplemental jurisdiction where state claims “do not have a legal overlap with the [federal] claims” and the only factual overlap is that the claims “relate[d] generally to the parties’ broader background dispute”
  • “Although they originate from the same general background facts, [defendant] has not proven that the two sets of claims are derived from a common nucleus of operative fact so as to satisfy section 1367(a).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge John D. Bates

Read full opinion on CourtListener

Sourced 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.