Legal Opinion · Dissent

Clarence Enochs v. Lampasas County

Court of Appeals for the Fifth Circuit

Decided May 17, 2011No. 10-50029Published

1DissentPrado, Circuit Judge

I must disagree with my colleagues, whom I respect greatly, that the district court’s decision to decline to remand a case properly before it amounted to an abuse of discretion. Section 1367(c)’s text and Supreme Court precedent make clear that there is no bright-line rule for determining whether a district coxxrt should retain pendent state-law claims, and our own precedent directs us to review these decisions mindful of the “wide discretion vested in the trial court to order a remand of state claims on the heels of a dismissal of federal claims.” Guzzino v. Felterman, 191 F.3d 588, 595 (5th…

2Cases cited29 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. George Acri v. Varian Associates, Inc.Court of Appeals for the Ninth Circuit · 1997
  4. Kathleen A. Shanaghan v. John D. Cahill Cahill & Associates, IncorporatedCourt of Appeals for the Fourth Circuit · 1995
  5. No. 94-3025Court of Appeals for the Third Circuit · 1995

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API