How have courts dealt with a disparate impact disability claim between federal and state law?

In Fang v. United States, the plaintiff filed federal and state law claims against the United States based on her daughter's death in a national park. 140 F.3d 1238, 1240 (9th Cir. 1998). The district court granted summary judgment on the federal claims for lack of subject matter jurisdiction under the Federal Tort Claims Act. Id. It also dismissed the state law claims for lack of subject matter jurisdiction under 28 U.S.C. 1367(c)(3). Id. On appeal, after deciding to reverse the district court's dismissal of the federal claims, we considered the dismissal of the supplemental claims. Id. at 1241-43. We reasoned that, because the federal claims "were erroneously dismissed, the reason for dismissing the remaining supplemental claims no longer exist[ed]." Id. at 1244. Declining to rule on the defendants' arguments that complex state law questions and predominance of state law issues called for us to uphold the dismissal of the state law claims, we held:

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Id.

In Hunsaker v. Contra Costa County, the plaintiff brought disparate impact disability claims under both federal and state law, seeking a permanent injunction. 149 F.3d 1041, 1042 (9th Cir. 1998). The district court ordered the injunction on the federal claim. Id. This court reversed, holding that there was no violation of the federal law. Id. at 1044. Over the plaintiff's argument that we should, nonetheless, uphold the injunction under the alternative state law claim, we held, "[t]he district court did not rule on this claim, and we have nothing to review. We should allow the district court to consider this claim in the first instance or, in its discretion, decline to exercise supplemental jurisdiction." Id.