Page:United States Statutes at Large Volume 104 Part 6.djvu/723

 PUBLIC LAW 101-650 —DEC. 1, 1990 104 STAT. 5113 SEC. 309. APPEAL OF CERTAIN DETERMINATIONS RELATING TO BANK- RUPTCY CASES. (a) ABSTENTION DETERMINATIONS UNDER TITLE U, UNITED STATES CODE.—Section 305(c) of title 11, United States Code, is amended by inserting before the period the following: "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title". (b) ABSTENTION DETERMINATIONS UNDER TITLE 28, UNITED STATES CODE.—The second sentence of section 1334(c)(2) of title 28, United States Code, is amended— (1) by inserting "or not to abstain" after "to abstain", and (2) by inserting the following before the period: "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title". (c) REMAND DETERMINATIONS UNDER TITLE 28, UNITED STATES CODE.— The second sentence of section 1452(b) of title 28, United States Code, is amended by inserting the following before the period: "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title". SEC. 310. SUPPLEMENTAL JURISDICTION. (a) GRANT OF JURISDICTION. —Chapter 85 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 1367. Supplemental jurisdiction "(a) Except as provided in subsections (b) and (c) or as expressly Claims, provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. "(b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. "(c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if— "(1) the claim raises a novel or complex issue of State law, "(2) the claim substantially predominates over the claim or clsdms over which the district court has original jurisdiction, "(3) the district court has dismissed all claims over which it has original jurisdiction, or "(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

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