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SCOTUS Gives Pendent State Law Claims New Life in Artis v. District of Columbia

New Jersey Legal Pulse

Recently, in Artis v. District of Columbia, the Supreme Court ruled on the nagging question of how long a plaintiff has to refile a pendent state law claim in state court after it has been dismissed by a federal court. The answer: longer than you would have thought.

The controversy arose from ambiguity over the wording of 28 U.S.C. § 1367(d), which provides that the “period of limitations for” refiling in state court a state claim that has been dismissed by a federal court after the independent federal claims have been resolved “shall be tolled while the claim is pending [in federal court] and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.”

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