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Nov 3, 2017

SCOTUS to Decide When Statute of Limitations is Tolled After Dismissal of State Law Claims Without Prejudice

Gavel on desk

“For Whom the Bell Tolls” Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the same transaction or occurrence, the federal court can hear the state law claim. However, the courts have the discretion to decline to hear the state law claim. In such a case, the state law claim is dismissed without prejudice, and… Read more