Question: 1. Does 28 U.S.C. 1367 (a) codify the Gibbs test for determining when two claims form part of the same case or controversy under

1. Does 28 U.S.C. § 1367

(a) codify the Gibbs test for determining when two claims “form part of the same case or controversy under Article III of the United States Constitution”? Is it clear that if two claims derive from a “common nucleus of operative fact” they satisfy the statutory test of subsection (a)?

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