Underwood v. Mercy Health Partners N., L.L.C.

Citations

• 203 N.E.3d 36
• 2022 Ohio 4313

Syllabus

When federal court dismisses state claims after declining to exercise supplemental jurisdiction, 28 U.S.C. 1367(d), a tolling statute, applies to provide additional time for refiling in state court only when the statute of limitations expires while the action is pending in federal court. Where a plaintiff utilizes R.C. 2305.19(A), to file in federal court after the original statute of limitations has expired, there is no period of limitations to toll and no 30-day grace period for refiling in state court.