Tag Archives: statute of limitations

Watch Out–State Courts May Be Stricter Than Federal Courts In Interpreting Federal Tolling Provision

When it comes to interpreting federal law, state courts in the Sixth Circuit usually look to the Sixth Circuit Court of Appeals.  But state courts are free to disagree, as an Ohio appellate court demonstrated recently in Smith v. Erie County Sherriff’s Department, where it unambiguously rejected the Sixth Circuit’s reading of 28 U.S.C. 1367(d). Section … Continue Reading

Sixth Circuit Resurrects Gender Discrimination Class Action Against Wal-Mart

After the Supreme Court denied class certification to female Wal-Mart employees in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) on the grounds that plaintiffs were unable to demonstrate any “nationwide” policy or practice of discrimination, Wal-Mart employees began to press their gender discrimination claims in a spate of narrower, regionally-focused class-action suits … Continue Reading

Choice of Law and Bankruptcy Transfers: Sixth Circuit Tackles Both in Personal Injury Case

In a split decision issued late last week, the Sixth Circuit overturned a Michigan district court’s disposition of a tort suit from North Carolina arising out of allegedly faulty breast implants. In noting that “a venue transfer is not alchemy,” the court also construed complex choice-of-law issues in light of the Bankruptcy Code. Over 20 … Continue Reading