Russell Johnson, Iii v. Lucent Technologies Inc.

OPINION

B. FLETCHER, Circuit Judge:

This case requires us to decide whether 42 U.S.C. § 1981 retaliation claims are governed by the four-year statute of limitations applicable to claims “arising under an Act of Congress enacted” after December 1, 1990, 28 U.S.C. § 1658, or by the personal injury statute of limitations of the forum state. Section 1981 retaliation claims were foreclosed by Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), and then made again possible by the Civil Rights Act of 1991. Because they arise under a post-December 1, 1990 Act of…