A tenant sued a landlord in federal court for violations of federal housing discrimination laws. The tenant also included a state-law claim for breach of the lease agreement. Both claims arose from the landlord's refusal to renew the lease. After discovery, the federal court granted summary judgment for the landlord on the federal discrimination claim. What is the most likely action the federal court will take regarding the remaining state-law breach of lease claim?
- AThe federal court will proceed to trial on the state-law claim, as it had supplemental jurisdiction initially.
- BThe federal court must retain jurisdiction over the state-law claim.
- CThe federal court will automatically transfer the state-law claim to the appropriate state court.
- DThe federal court will likely dismiss the state-law claim without prejudice, allowing the tenant to refile in state court.
Show answer & explanationAnswer & explanation
Correct answer: D. The federal court will likely dismiss the state-law claim without prejudice, allowing the tenant to refile in state court.
When the original federal claim is dismissed early in the litigation, federal courts typically decline to exercise supplemental jurisdiction over the remaining state-law claims, dismissing them without prejudice so they can be pursued in state court.
Why the other options are wrong
- A. While the court *could* proceed if it chose to exercise its discretion, it is 'most likely' to dismiss, especially if the federal claim was dismissed early in the proceedings.
- B. Federal courts are *not* required to retain jurisdiction over state-law claims when the federal anchor claim is dismissed; they have discretion.
- C. Federal courts do not automatically transfer cases to state courts; they typically dismiss them, requiring the plaintiff to refile.
Declining Supplemental Jurisdiction
A federal court may decline to exercise supplemental jurisdiction over a state-law claim if it has dismissed all claims over which it has original jurisdiction, or if the state-law claim raises a novel or complex issue of state law, or if it substantially predominates over the federal claims.
- Discretionary, not mandatory.
- Most common when federal claims are dismissed early in the litigation.
- Dismissal is typically without prejudice, allowing refiling in state court.
Memory trick: The 'Supplement' power can be 'Declined' if the main course is gone.