No End in Sight – Prepare for Years of Litigation

Beth Ann Lennon

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 federal court, state courts must “stop-the-clock” on the statute of limitations for the state law claims.  For Artis’s employer, this means that even after it prevailed in federal court, its defense of its November 2010 termination decision is not over. Indeed, seven years later, the employer will be defending against a second lawsuit in state court on the state law claims the federal court declined to decide.  While this decision may “give the plaintiff breathing space” it leaves defendants with no end in sight.