Lee v. Transportation Communications Union

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The Court is asked to determine whether an employee of the Long Island Railroad (“LIRR”) may assert pendent-party jurisdiction over a fellow employee based on state-law claims of assault, battery and intentional infliction of emotional distress in an action brought under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, when no independent basis of federal jurisdiction exists. For the reasons that follow, the Court declines to exercise pendent-party jurisdiction with regard to the fellow employee.

FACTUAL BACKGROUND

Plaintiff…