SCHMIDT ET AL., DBA SCHMIDT & POLLARD
v.
OAKLAND UNIFIED SCHOOL DISTRICT ET AL.
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The Supreme Court reversed the Court of Appeals' decision to avoid ruling on a state law challenge to Oakland's minority contracting preference requirement, holding that federal courts have discretion to decide pendent state-law claims and should do so when they may dispose of the case without reaching constitutional issues. The Court remanded the case for the appeals court to address whether California state law invalidated the affirmative-action plan requiring contractors to use minority-owned businesses for 25 percent of contract work.
[1] A court of appeals abuses its discretion by declining to resolve a pendent state-law claim when the resolution of that claim would render the federal constitutional issue…
[2] Federal courts may decline to exercise pendent jurisdiction over state-law claims when those claims predominate over the federal claims or present novel or complex issues…
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Per Curiam.
California Educ. Code Ann. § 39640 (West Supp. 1982) requires school districts to award any contracts for work involving more than $12,000 to the “lowest responsible bidder.” For projects over $100,000, the Oakland School District requires that to be considered responsible, general contractors must use minority-owned businesses for at least 25 percent of the dollar amount of the total bid. Petitioners submitted the low bid for an advertised project but were disqualified under the School District plan as not being responsible. They brought this action claiming damages and asserting that the affirmative-action plan violated not only the Federal Constitution but also state law. The Court of Appeals affirmed a judgment of the District Court upholding the plan on constitutional grounds. 662 F. 2d 550 (1981). Although the Court of Appeals acknowledged that under one of its prior decisions, the plan at issue might be invalid under state law, it declined to decide the state-law question since it was a sensitive matter and petitioners could present it to the state courts.
If the affirmative-action plan is invalid under state law, the Court of Appeals need not have reached the federal constitutional issue. Nevertheless, the Court of Appeals declined to resolve the pendent state-law claim. Under Hagans v. Lavine, 415 U. S. 528, 546 (1974), and Mine Workers v. Gibbs, 383 U. S. 715 (1966), this was an abuse of discretion in the circumstances of this case.
We accordingly grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand the case for further proceedings consistent with this opinion.
So ordered.
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Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (U.S. 1984)…267 U. S. 479, 489 (1925); Lincoln Gas & Electric Light Co. v. City of Lincoln, 250 U. S. 256, 268-269 (1919); and in cases in which the plaintiffs were not held to be entitled to the relief they sought, see Schmidt v. Oakland Unified School Dist., 457 U. S. 594 (1982) (per curiam); Railroad Comm’n of California v. Pacific Gas & Electric Co., 302 U. S. 388, 391 (1938); United Fuel Gas Co. v. Railroad Comm’n of Ky., 278 U. S. 300, 307 (1929); Waggoner Estate v. Wichita County, 273 U. S. 113, 116 (1927); Chic…
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Finley v. United States, 490 U.S. 545 (U.S. 1989)…iv. v. Cohill, 484 U. S. 343, 351 (1988). See also Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U. S. 804, 817, n. 15 (1986); Pennhurst State School and Hospital v. Halderman, 465 U. S. 89, 117 (1984); Schmidt v. Oakland Unified School Dist., 457 U. S. 594 (1982); Moor v. County of Alameda, 411 U. S. 693 (1973). Cf. Hagans v. Lavine, 415 U. S. 528, 545-548 (1974); Rosado v. Wyman, 397 U. S. 397, 404-405 (1970). Although the Court suggests that “the concept of pendent-party jurisdiction was not cons…
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Associated Gen. Contractors OF Cal., Inc. v. City & Cnty. OF SAN Francisco, 813 F.2d 922 (9th Cir. 1987)…1986, ten days before this case was submitted. .We consider the pendent state claim first because its resolution might obviate the need to reach the merits of a difficult federal constitutional question. See Schmidt v. Oakland Unified School Dist., 457 U.S. 594, 595, 102 S.Ct. 2612, 73 L.Ed.2d 245 (1982). . We understand the district court's ruling to cover the LBE preference as well, thus including the city’s desire to ease the burden on local businesses as one of the "legitimate municipal concerns” enco…1 / 2
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United Mine Workers of Am. v. Gibbs, 383 U.S. 715 (U.S. 1966)
- Hagans v. Lavine, 415 U.S. 528 (U.S. 1974)
- Johann Schmidt and Leland Pollard v. Oakland Unified Sch. Dist., 662 F.2d 550 (9th Cir. 1981)