On November 1, 2017, Jenner & Block Partner Adam Unikowsky is set to argue against the District of Columbia in Artis v. District of Columbia, a high-profile case before the Supreme Court that concerns the statute of limitations for litigants who file claims in federal courts only to find out those courts lack the jurisdiction to adjudicate those claims.
Mr. Unikowsky, whom Law360 recently described as an “appellate wunderkind” for already appearing “before the justices four times in his relatively short career” and serving as lead counsel in an additional case, will represent petitioner Stephanie Artis, former DC health inspector. Following her termination, Ms. Artis filed a lawsuit against the District that was later dismissed in federal court. Fifty-nine days following the dismissal, she filed the remaining 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. Mr. Unikowsky will argue that the tolling provision does not limit the time available to refile a claim, but instead suspends the limitations period for the state-law claim entirely while the claim is pending.
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. The cases were Howell v. Howell, Honeycutt v. US and Kokesh v. SEC.