Civil Procedure Keyed to Cound
Executive Software North America, Inc. v. U.S. District Court
Plaintiff sued Defendant in state court for violations of Title VII and state claims for violation of the California Constitution and a California anti- discrimination statute. Defendant removed the case to federal court. The District Court remanded the supplemental state claims to state court, ruling, pursuant to [United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966)], that it had discretion to remand if: the state claims substantially predominate, the state claims involve novel or complex issues of law, consolidating the claims will likely result in jury confusion, or retention of the state claim will involve expending substantial judicial time and effort. Defendant petitioned the Court of Appeals for a writ of mandamus ordering the lower court to retain jurisdiction over the state law claims.
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