Transfer of State-Law Claims From Federal to State Court in Pa.: Avoiding the Default Trap of 42 Pa. C.S. Section 5103
Litigants in Pennsylvania, however, often overlook the statutory requirements for transferring state-law claims from federal to state court and, instead, simply file a new complaint in state court. Doing so runs afoul of the mandates of 42 Pa. C.S. Section 5103 and controlling Pennsylvania case law, which holds that a litigant must file certified copies of the federal dismissal order and related federal pleadings in state court.
September 12, 2024 at 11:48 AM
12 minute read
Commercial LitigationIn many federal actions, plaintiffs often assert state-law claims over which a federal district court may exercise supplemental jurisdiction. However, where a federal district court dismisses claims over which it has original jurisdiction, it often will decline to exercise jurisdiction over the pendent state-law claims and dismiss those claims without prejudice to the plaintiff's right to refile them in state court. Litigants in Pennsylvania, however, often overlook the statutory requirements for transferring state-law claims from federal to state court and, instead, simply file a new complaint in state court. Doing so runs afoul of the mandates of 42 Pa. C.S. Section 5103 and controlling Pennsylvania case law, which holds that a litigant must file certified copies of the federal dismissal order and related federal pleadings in state court. Noncompliance with these requirements will not toll the limitations period on the state-law claims and could result in a litigant losing the ability to proceed with its state-law claims in any forum.
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