Legal Opinion · Dissent

Finley v. United States

Supreme Court of the United States

Decided May 22, 1989No. 87-1973Published

1DissentJustice Blackmun

If Aldinger v. Howard, 427 U. S. 1 (1976), required us to ask whether the Federal Tort Claims Act embraced “an affirmative grant of pendent-party jurisdiction,” ante, at 553, I would agree with the majority that no such specific grant of jurisdiction is present. But, in my view, that is not the appropriate question under Aldinger. I read the Court’s opinion in that case, rather, as requiring us to consider whether Congress has demonstrated an intent to exempt “the party as to whom jurisdiction pendent to the principal claim” is asserted from being haled into federal court. 427 U. S., at 16…

2Cases cited76 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  3. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. United States v. SherwoodSupreme Court of the United States · 1941

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