News & Analysis as of

Time-Barred Claims Statute of Limitations Employment Litigation

Manatt, Phelps & Phillips, LLP

PAGA Claim Survives—Even Where Employee’s Claim Time-Barred

An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined. Maxim Healthcare Services...more

Epstein Becker & Green

California Court of Appeal Reaches Perplexing Conclusion That Even Employees Whose Claims Are Time-Barred Can Still Bring PAGA...

Epstein Becker & Green on

In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees...more

Haight Brown & Bonesteel LLP

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

White and Williams LLP

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

White and Williams LLP on

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

Proskauer - Minding Your Business

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

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

Sherman & Howard L.L.C.

No End in Sight – Prepare for Years of Litigation

The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in...more

Robins Kaplan LLP

SCOTUS Stops the Clock on State Claims in Federal Court

Robins Kaplan LLP on

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

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide