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Supreme Court asked to protect access to state courts.

Publication: Trial
Publication Date: 01-MAY-03 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Supreme Court asked to protect access to state courts.(Jinks v. Richland County)

Article Excerpt
In its first case before the U.S. Supreme Court, the two-year-old Center for Constitutional Litigation (CCL) asked the justices to reverse a South Carolina ruling that restricts plaintiffs' access to state courts once federal remedies have failed.

The case, Jinks v. Richland County (No. 02-258 (argued Mar. 5, 2003)), centers on the legitimacy of 28 U.S.C. [section] 1367(d), a plaintiff-friendly provision that protects litigants who seek redress for injuries in federal courts.

The federal law tolls the statute of limitations on state law claims when they are brought in federal court in conjunction with a federal suit. In doing so, it allows federal courts to dismiss cases they believe should be heard in state court, without fear that the plaintiff's claims will be barred by a state statute of limitations.

The case of Carl Jinks, who died in a...

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