This Note discusses how many lower federal courts, in deciding when to allow state claims to be brought in federal court under the doctrine of pendant party jurisdiction, have interpreted the Supreme Court's "Aldinger test" in a far more restrictive manner than what the Supreme Court had intended. Additionally, the Note traces the history of the doctrines of pendant jurisdiction, pendant party jurisdiction and ancillary jurisdiction. The Note also discusses of the dispute raging about the actual validity of pendant party jurisdiction, ,focusing particularly on section 1983 cases. In conclusion, the Note articulates the process and analysis a court must employ to determine if Congress has in fact negated jurisdiction.
Peter E. Schomer,
Pendant Party Jurisdiction and Section 1983: When has Congress "By Implication Negated" Jurisdiction?,
14 Fordham Urb. L.J. 873
Available at: http://ir.lawnet.fordham.edu/ulj/vol14/iss4/3