CALISE

v.

CALIFORNIA

Citator

Cited By

• In re Nucorp Energy Sec. Litig. v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago, 772 F.2d 1486 (9th Cir. 1985)
  …) (“Jurisdiction is not lost because the court ultimately concludes that the claim is without merit”). See Green v. Ferrell, 664 F. 2d 1292, 1294 (5th Cir.1982); Enders v. American Patent Search Co., 535 F. 2d 1085, 1087-88 (9th Cir.), cert. denied, 429 U.S. 888, 97 S.Ct. 242, 50 L.Ed.2d 170 (1976). “The practical importance of the distinction [between merit and jurisdiction] is that if the federal claim is substantial enough to invoke federal jurisdiction, the court has power to exercise pendent jurisdicti…
• Kipperman v. Acad. Life Ins. Co., 554 F.2d 377 (9th Cir. 1977)
  …civil actions “arising under any Act of Congress relating to the postal service.” We believe jurisdiction will not lie under this section under the reasoning announced in Enders v. American Patent Search Co., 535 F. 2d 1085 (9th Cir.), cert. denied, 429 U.S. 888, 97 S.Ct. 242, 50 L.Ed.2d 170 (1976). Enders concerned 35 U.S.C. § 33, which makes it a punishable offense to falsely hold oneself out to be recognized to practice before the Patent Office. Claiming he had been defrauded because, of such representat…