“For Whom the Bell Tolls” Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the same transaction or occurrence, the federal court can hear the state law claim. However, the courts have the discretion to decline to hear the state law claim. In such a case, the state law claim is dismissed without prejudice, and… Read more
Tag: tolling
Georgia Court of Appeals Expands the Time Period in Which Crime Victims Can File Civil Lawsuits
The April term of court for the Georgia Court of Appeals will end on July 15. In these last weeks of the term, the Court often will issue opinions in its most difficult cases. In Harrison v. McAfee, Case No. A16A0648 (decided July 7, 2016), the whole court (all 15 judges) issued an opinion that overruled several other decisions of the Court of Appeals and effectively lengthened the period in which crime victims can file tort claims against certain defendants. The case arose out of the attempted robbery of a bar. Mr. Harrison was shot in the arm when a… Read more