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Third Circuit clarifies timeliness issue in a case of two courts.

Publication: Trial
Publication Date: 01-OCT-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A three-judge panel of the Third Circuit has ruled on what it called a "deceptively simple issue," finding that a case filed in an "improper" federal court and transferred to another federal court was timely, even though the transfer happened after the second court's limitations period had expired.

The Third Circuit held that the filing date in the court where a lawsuit is originally brought is the date that applies for statute of limitations purposes when the case is transferred and not dismissed. (Lafferty v. St. Riel, 2007 WL 2019537 (3d Cir. July 19, 2007).)

The case arose out of an accident on a Pennsylvania roadway. On July 17, 2003, a...

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