SCOTUS Adopts "Stop-the-Clock" Tolling of Statute of Limitations for State Law Claims

On January 22, 2018, the United State Supreme Court held that claims arising under state law in a federal lawsuit, unless there is a state law to the contrary, are tolled or suspended, and plaintiffs have the time remaining on the statute of limitations period applicable to their state law claims plus the 30-day window provided under 28 U.S.C. 1367(d) to refile their state law claims once a federal court declines to exercise supplemental jurisdiction over those state claims. The lower courts had ruled that the "grace period" approach, allowing just 30 days to refile state claims if the statute of limitations had run during the time the case was pending in federal court, should be used, but the Supreme Court rejected that view and adopted the "stop-the-clock" approach. Artis v. District of Columbia, ___ U.S. ___ (2018).

Punitive damages, which are not allowed in products liability cases in Michigan, also cannot be recovered in an accident occurring in Mississippi, which does permit punitive damages.  In Gaillet v Ford Motor Co., the U.S. District Court in the Eastern District of Michigan ruled that even though the accident giving rise to the case occurring in another state, the Michigan law of damages applied.  Read Judge Edmunds choice of law opinion here.

ABA Publishes Best Law Blogs for 2018

Every year, the ABA publishes a list of the 100 best legal blogs.  In December 2017, the ABA posted it here.