City of Los Angeles v. County of Kern

Under 28 U.S.C. 1367 federal courts may assume supplemental jurisdiction over related state claims that form part of the same case or controversy. If the federal basis for jurisdiction dissolves but supplemental claims remain, the federal court may dismiss the supplemental claims, requiring them to be refiled in state court. In this event, the limitations is “tolled while the claim is pending and for a period of thirty days after it is dismissed” pursuant to section 1367(d). At issue in this appeal was whether the statute affords parties a grace period or suspends the limitations clock. In the instant case, seventy-eight days after the plaintiff’s supplemental claims were dismissed by a federal court, the plaintiff refiled suit in state court. The court of appeal concluded that the suit was timely, reasoning that section 1367(d) suspended the statute of limitations and tacked on any unexpired time beginning thirty days after dismissal. The Supreme Court reversed, holding that section 1367(d) provides only a thirty-day grace period in which to refile otherwise expired claims. View "City of Los Angeles v. County of Kern" on Justia Law