On January 22, 2018, the US Supreme Court ruled in favor of Jenner & Block Partner Adam G. Unikowsky in Artis v. District of Columbia, a case that concerns the statute of limitations for litigants who file state-law claims in federal courts only to have those courts decline to exercise jurisdiction over those claims. The 5-4 decision on behalf of Adam’s pro bono client is the sixth consecutive victory for Adam – he won three cases last term, and two the term before that – and his first this term.
Mr. Unikowsky represented petitioner Stephanie Artis, a former DC health inspector. Following her termination, Ms. Artis sued the District; that suit was later dismissed by a federal court, which declined to exercise supplemental jurisdiction over her state-law claims. Fifty-nine days following the dismissal, she filed the state-law claims in a DC trial court. This court dismissed the lawsuit, holding that the tolling provision in 28 U.S.C. §1367(d) merely provides 30 days beyond the dismissal for the plaintiff to refile, a deadline Ms. Artis missed. The District of Columbia Court of Appeals affirmed. In the Supreme Court, Mr. Unikowsky argued that §1367(d) suspends the limitations period for the state-law claim while the claim is pending in federal court, and that Ms. Artis’s DC suit was therefore timely.
In the Court’s opinion, Justice Ginsburg wrote that “Section 1367(d)’s instruction to ‘toll’ a state limitations period means to hold it in abeyance, i.e., to stop the clock.” Justice Ginsburg also wrote that “the stop-the-clock interpretation of §1367(d) does not present a serious constitutional problem.”
Last term, Mr. Unikowsky argued three Supreme Court cases in a 28-day span in March and April 2017 and achieved unanimous wins in them all. Those cases were Howell v. Howell, Honeycutt v. US and Kokesh v. SEC. In the prior term, Mr. Unikowsky earned two additional wins in Puerto Rico v. Sanchez Valle and V.L. v. E.L.