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Supreme Court· 4/30/1945

Herb v. Pitcairn

Citations

  • 325 U.S. 77
  • 65 S. Ct. 954
  • 89 L. Ed. 1483
  • 1945 U.S. LEXIS 2690

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding an action is commenced for time limitations purposes when filed in court with no jurisdiction over the matter but with the power to transfer to an appropriate court
  • explaining that “[a]n action is ‘commenced’ for [FELA] purposes as a matter of federal law when instituted by service of process issued out of a state court, even if one which itself is unable to proceed to judgment . . . ”
  • filing of discrimination complaint in state court without jurisdiction equitably tolled filing requirement
  • where action under FELA was commenced in state court without jurisdiction within two year statute of limitations, the statute was tolled
  • equitable tolling appropriate where employee filed FELA action in state court without jurisdiction
  • equitable tolling appropriate where employee filed FELA action in state court without jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Jackson

Read full opinion on CourtListener

Cited by

68 cases in this archive cite this case; the 20 most cited are listed.

Cites

1 case in this archive is cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.