United States Third Circuit

In plaintiff's race, national-origin, employment discrimination and retaliation action against defendant-former employer, district court's dismissal of plaintiff's federal claims in his second complaint is affirmed as plaintiff's federal claims are barred by res judicata because his section 1981 claims arise from the same set of facts as his Title VII claims which were dismissed in his first complaint. Also, the district court did not abuse its discretion when it declined to exercise supplemental jurisdiction over plaintiff's state claim and dismissed without prejudice instead of dismissing that claim with prejudice.

Appellate Information

• Decided 10/06/2009
• Published 10/06/2009

Judges

• Before:  BARRY, FISHER and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Olugbenga O. Abiona, Esq., Philadelphia, PA, for Appellant/Cross-Appellee, Emad Elkadrawy., Joseph J. Costello, Esq., Sean W. Sloan, Esq., Morgan, Lewis & Bockius, Philadelphia, PA, for Appellee/Cross-Appellant, The Vanguard Group, Inc.