Employer Liability Issues, Statute of Limitations, Dismissals

Commonwealth Court Reverses Dismissals, Holds Claim Petition Preserved Claims and Orders Remand

Marshall Dennehey on 9/5/2025

Frank Jordan v. Lake Forest Development, et al. (WCAB); No. 621 C.D. 2024; August 19, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision that had dismissed multiple parties from a workers’ compensation...more

Ninth Circuit Explains Standard for Willful Violation of Family and Medical Leave Act

Parker Poe Adams & Bernstein LLP on 12/21/2020

The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more

Supreme Court Holds That the Tolling Statute Applicable to State Law Claims Subject to Federal Supplemental Jurisdiction Stops the...

White and Williams LLP on 4/12/2018

Under 28 U.S.C. § 1367(a), a plaintiff may bring strictly state-based claims in federal district court if they are related to a claim over which the district court has original jurisdiction. This is more commonly known as...more

Supreme Court Rules Pending Federal Action Stops the Clock on State Limitation Periods

Jones Day on 1/30/2018

On January 22, 2018, the U.S. Supreme Court held in Artis v. District of Columbia, No. 16-640, that 28 U.S.C. § 1367(d) suspends the statutes of limitations on state law claims while those claims are pending in federal court....more

Supreme Court Takes its Toll: Holds that Statute of Limitations for State Claims Stops While in Federal Court

Proskauer - Minding Your Business on 1/29/2018

On January 22, 2017, the U.S. Supreme Court issued its first 5-4 merits decision of the term in Artis v. District of Columbia. In this opinion, the Court held that bringing state claims in federal court stops the clock on the...more

SCOTUS Stops the Clock on State Claims in Federal Court

Robins Kaplan LLP on 1/26/2018

On January 22, 2018, the Supreme Court issued a 5-4 opinion in Artis v. District of Columbia, Case No. 16-460, clarifying the application of 28 U.S.C. section 1367(d)....more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on 7/13/2017

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

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