Vaughn v. Northwest Airlines, Inc.

DISSENT

I respectfully dissent from the majority’s conclusion that the one-year limitations period of the Minnesota Human Rights Act applies to claims under the Air Carrier Access Act (ACAA) and therefore, that Vaughn’s ACAA claim was properly dismissed.

First, I want to note my agreement with , the majority’s initial assertion that “the characterization of the federal claim and the method for selecting a state limitations period is ultimately a matter of federal law.” Op. at 738. The Supreme Court has specifically said that, in enacting the “borrowing provision” of federal civil rights law,…