In a class action arising from the unauthorized electronic reproduction of various works by freelance writers who contracted with publishers to author works for publication in print media but to retain the copyrights in those works, a settlement was vacated by the U.S. Second Circuit Court of Appeals due to lack of jurisdiction over the overwhelming majority of claims, which arise from the infringement of unregistered copyrights. While the Supreme Court the Court has held that Section 1367(a) confers supplemental jurisdiction in a diversity class action over state law claims that fail to satisfy Section 1332(a)’s amount-in-controversy requirement, so long as at least one claim satisfies that requirement, and all the other claims are part of the same case or controversy, “the Court has never held that Section 1367(a) confers supplemental jurisdiction over jurisdictionally-deficient federal claims asserted together with another, jurisdictionally-proper claim.” See In re Literary Works Electronic Copyright Litigation, 509 F.3d 116 (2d Cir. 2007).
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