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: Day on TortsSavings Statute for Dismissed Federal Court Actions
By John A. Day
T.C.A. Sec. 28-1-115 gives a plaintiff who is bounced out of federal courts for lack of jurisdiction one year from the dismissal to re-file the action in state court.
Here is the exact text of the statute: "Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall have one (1) year from the date of such dismissal to timely file such action in an appropriate state court."
Full post as published by Day on Torts on January 03, 2008 (boomark / email).
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