Circuit vacated this decision, finding that the FCC's ancillary jurisdiction
justification was insufficient authority for such an order.
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
6) Thus, the Court proceeded to address (and reject) the argument that the district court could exercise jurisdiction under the "doctrine of ancillary jurisdiction
, which recognizes federal courts' jurisdiction over some matters (otherwise beyond their competence) that are incidental to other matters properly before them.
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.
18) While pendent jurisdiction over plaintiffs' claims was generally accepted in federal court, an exercise of ancillary jurisdiction
required separate examination.
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.
66) Regarding Title II's open access requirements, the Supreme Court opined that the FCC would have authority to impose open access requirements on information services under its ancillary jurisdiction
under Title I if it so chose.
16) Under the FCC Report and Order, "pursuant to the doctrine of ancillary jurisdiction
, we adopt use of the .
The judicially created concepts of pendent and ancillary jurisdiction
were replaced by this statute, which expressly authorized federal courts to hear claims that arise from the same facts as those in other matters properly before them.