· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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