After approving the settlement because it was in the best interest of the decedent's estate and distributees, the court turned to the fee dispute issue, which it had ancillary jurisdiction
to consider because it arose out of a litigation pending before it.
Courts have invoked the concept of ancillary jurisdiction
to resolve disputes even absent an express statutory grant of jurisdiction.
But, the Republican FCC made vague claims of 'ancillary jurisdiction
' over the Internet to support an attempt to police net neutrality case by case.
(13) Invoking its "ancillary jurisdiction
" (14) under 47 U.S.C [section] 154(i), (15) the FCC ordered Comcast to, among other things, "submit a compliance plan...
(38) The Court of Appeals for the Eighth Circuit affirmed that judgment on appeal, reasoning that the district court's exercise of jurisdiction over Kroger's claims against Owen was proper under the doctrine of ancillary jurisdiction
The Court acknowledged two general bases for ancillary jurisdiction
, but found neither applicable.
assert ancillary jurisdiction
(53) in the absence of an explicit
"previously asserted ancillary jurisdiction
to regulate certain
"Some of the legal challenges won't be about the substance of the order but whether the FCC has authority to regulate under title I ancillary jurisdiction
[under the Communications Act of 1934] in the first place," says Abigail Phillips, senior staff attorney at the Electronic Frontier Foundation.
[section] 1367, district courts addressed compulsory and permissive counterclaims through what was deemed pendent and ancillary jurisdiction
. (18) While pendent jurisdiction over plaintiffs' claims was generally accepted in federal court, an exercise of ancillary jurisdiction
required separate examination.
When federal law does not provide for expungement of a criminal record, federal courts may only consider expungement requests using ancillary jurisdiction
. (20) Ancillary jurisdiction
covers claims incidental to a district court's original jurisdiction over a criminal prosecution.
"[I]nvocation of ancillary jurisdiction
, like invocation of the All Writs Act, does not dispense with the need for compliance with statutory [removal] requirements." (105) Thus, if a defendant seeks to remove a non-diverse back-end opt-out plaintiffs state law claim in an effort to enforce judicially approved limitations built into the opt-out right, the federal court will lack jurisdiction under Syngenta.