Docket No.: 02-258 Topics:
Certiorari Granted: Oct 21 2002
Argued: March 5, 2003
Decided: April 22, 2003
28 U.S.C. 1367, Judicial Power, ADEA, Anti-Injunction Act, Article I, Bankruptcy, Bankruptcy Code, ERISA, Eleventh Amendment, First Amendment, Full Faith and Credit, Full Faith and Credit Clause, Necessary and Proper, Supremacy Clause, Tenth Amendment, immunity from suit, preemption, res judicata, sovereign immunity
PartyNames: Susan Jinks v. Richland County, South Carolina, et al.
Petitioner: Susan Jinks
Respondent: Richland County, South Carolina, et al.
Court Below: Supreme Court of South Carolina
Citation: South Carolina Supreme Court, 563 S.E.2d 104. QUESTION PRESENTED The federal supplemental jurisdiction statute includes a provision, 28 U.S.C. §1367(d), that tolls the period of limitati ons for supplemental claims while they are pending in federal court and for 30 days after they are dismissed. The question presented is whether the tolling provision invades state sovereignty in violation of the Tenth Amendment and the Necessary and Proper Clause. CERT. GRANTED: 10/21/02
Supreme Court Docket