Cohen v. Postal Holdings, LLC
Filing
OPINION, Concurring, by judge GC, FILED.[2144133] [16-2657]
Case 16-2657, Document 107, 10/11/2017, 2144133, Page1 of 5
CALABRESI, Circuit Judge, concurring:
I add a few words to make clear my understanding of the state of our
circuit’s law in this interesting area.
As we hold today, where there is no original federal jurisdiction, there can
be no supplemental jurisdiction. This is true both when the district court
correctly finds that it lacks original jurisdiction but then (incorrectly) proceeds to
decide related state‐law issues on the merits, and when the district court
incorrectly finds that it has original jurisdiction and then proceeds to address the
merits of the parties’ claims.
When the district court incorrectly determines that it lacks subject‐matter
jurisdiction over all federal claims, and therefore dismisses those claims pursuant
to Rule 12(b)(1), we ask whether dismissal pursuant to Rule 12(b)(6) would have
been appropriate instead. See, e.g., Nowak v. Ironworkers Local 6 Pension Fund, 81
F.3d 1182, 1190 (2d Cir. 1996). If the answer is yes, then we interpret the district
court’s dismissal of the federal claims as a dismissal pursuant to 12(b)(6), and ask
whether the district court abused its discretion in deciding whether to exercise
supplemental jurisdiction over related state‐law claims. Id. at 1191.
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It is important to emphasize that when appellate courts review district
courts’ decisions to exercise supplemental jurisdiction after all federal claims
have been dismissed, the default rule is that federal courts should not decide
related state‐law claims unless there is good reason for doing so. See United Mine
Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966) (“Needless decisions of state law
should be avoided both as a matter of comity and to promote justice between the
parties, by procuring for them a surer‐footed reading of applicable law.
Certainly, if the federal claims are dismissed before trial, even though not
insubstantial in a jurisdictional sense, the state claims should be dismissed as
well.”) (internal footnotes omitted). There are many reasons why supplemental
jurisdiction may appropriately be retained, however, and the presence of such
reasons may on occasion justify the exercise of supplemental jurisdiction even
when the district court dismisses the federal claims. See Carnegie‐Mellon
University v. Cohill, 484 U.S. 343, 350 n.7 (1988) (listing “judicial economy,
convenience, fairness, and comity” as “factors to be considered under the
[supplemental] jurisdiction doctrine”); Nowak, 81 F.3d at 1187 (determining that
the district court did not abuse its discretion in exercising supplemental
jurisdiction over state‐law claims because the federal claim was dismissed close
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to the trial date and after the court and parties had invested significant energy
preparing for trial); Raucci v. Town of Rotterdam, 902 F.2d 1050, 1055 (2d Cir. 1990)
(same).
In general, however, our circuit takes a very strong position that state
issues should be decided by state courts. Our circuit is probably the circuit that
most frequently certifies questions to state courts. The same underlying policy
suggests that federal courts most often ought to leave state issues to state courts
as readily and as early in a proceeding as possible. This means that when a
request for remand has been made after all federal claims have been dismissed, a
district court must have truly strong reasons to exercise supplemental
jurisdiction over any state‐law claims.
The question becomes more complicated, though, when neither party asks
the federal district court to decline to exercise supplemental jurisdiction over
related state‐law claims. In effect, in such a situation, the party seeking remand
on appeal may properly be said to have forfeited the issue. But even in such
cases, where the federal district court has not expended a significant amount of
time on the case, and where the state‐law issues are complex and uncertain, we
have held it to be an abuse of discretion for the district court to exercise
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supplemental jurisdiction over purely state‐law claims. Valencia ex rel. Franco v.
Lee, 316 F.3d 299, 305 (2d Cir. 2003) (collecting cases). In this situation, the
complexity of the state‐law issues suffices to make the district court focus on the
default rule, even in the absence of a request by any of the parties. Having done
so, a district court ought not to exercise supplemental jurisdiction over purely
state‐law claims unless there are strong reasons for doing otherwise. In such
cases we, in reviewing district court decisions, can, in effect, choose to overlook
the parties’ forfeiture, and order dismissal of the state‐law claims. See also Kolari
v. N.Y.‐Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006) (finding that the district
court’s stated justification for its decision to exercise supplemental jurisdiction
over state‐law claims rested on “an error of law,” and therefore was an abuse of
discretion, without considering whether either party ever asked the district court
to remand the state‐law claims).
Let me be clear, this is not the only situation in which the appellate court
may opt to overlook the forfeiture and order such dismissal of the state claims.
But where neither party has asked the district court to decline to exercise
supplemental jurisdiction, and where there is no reason to think that the court
focused, or ought to have focused, on the question, we may not require the
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district court to consider explicitly whether it should exercise supplemental
jurisdiction.
This does not mean that we do not believe that it would be desirable for the
district court to decline to exercise supplemental jurisdiction over state‐law
questions even in such situations. A district court judge would be well‐advised,
if the propriety of exercising supplemental jurisdiction is noticed early enough in
a case, to say, “I decline to decide the state‐law issues, however simple they may
be.” But we may not in every instance demand that district courts go out of their
way to consider the question if it is not, in one way or another, called to their
attention. To do otherwise would be to ask unnecessary and additional work of
district courts that already have quite enough do to. And that explains the many
cases in which we have summarily affirmed the exercise of supplemental
jurisdiction over trivial state‐law issues even after 12(b)(6) dismissal of all federal
claims.
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