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DA SILVA v. KINSHO INTERN. CORP.

Docket No. 00-7055.

229 F.3d 358 (2000)

Celia DA SILVA, Plaintiff-Appellant, v. KINSHO INTERNATIONAL CORPORATION and Haruo Maruyama, Defendants-Appellees.

United States Court of Appeals, Second Circuit, August Term, 2000.

Decided: October 5, 2000.

Attorney(s) appearing for the Case

David N. Mair, New York, N.Y. (Susan D. Bainnson, Kaiser Saurborn & Mair, P.C., New York, N.Y., on the brief), for plaintiff-appellant.

Jeffrey D. Buss, New York, N.Y. (Smith, Buss & Jacobs, L.L.P., New York, N.Y., on the brief), for defendants-appellees.

Before: NEWMAN, STRAUB and SACK, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether the requirement for Title VII coverage that an employer have at least fifteen employees is an ingredient of subject matter jurisdiction or the merits of the plaintiff's claim. The issue has significance in this case because its resolution determines whether the District Court was entitled to exercise supplemental jurisdiction over the Plaintiff's pendent state law claims, on which the Defendant prevailed...

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