Deborah Kollman, as Executor of the Estate of Stephanie A. Smith v. Mercy Health-Clermont Hospital, LLC, et al.

Section 1367 of Title 28 authorizes federal district courts in certain circumstances to exercise supplemental jurisdiction over claims arising under state law. Section 1367 further provides that “[t]he period of limitations for any [such] claim . . . shall be tolled while the claim is pending.” 28 U.S.C. § 1367(d). The Court has never addressed the effect of § 1367(d)’s tolling provision when, as here, the state-claim limitations period expires after the case is timely filed in state court but before the defendant removes the case to federal court, and the federal court eventually declines to exercise supplemental jurisdiction over the state claims. The questions presented are: When a case is timely filed in state court and then removed to federal court, does the tolling provision in § 1367(d) stop the clock on the limitations period for any state-law claims as of the time the plaintiff initially, and timely, filed the claim in state court? Or, does the clock stop only once the claim is pending in federal court, even if removal to federal court is beyond the plaintiff’s control?