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).