SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee's state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are included. This decision gives employees additional time to refile claims in state court once a federal court declines to decide them.

As a result, employers may be stuck in state court re-litigating issues previously litigated years before in federal court. By granting these plaintiffs a second bite at the judicial apple, the Supreme Court (SCOTUS) has made life more challenging for employers defending workplace law claims in court (Artis v. District of Columbia).