Turner v. Kight

Title 28 U.S.C. § 1367 provides that the statute of limitations applicable to a state claim pending in federal court is “tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.” But, what does “tolling” mean in the context of § 1367? That is the central question posed by this appeal.

According to appellant Sherri L. Turner, § 1367 expressly suspends the pertinent statute of limitations while a state claim is pending in federal court, and, in so doing, it impliedly grants the claimant the remainder of that period…