United States Ninth Circuit

In a labor and employment dispute concerning whether 42 U.S.C. Section 1981 retaliation claims are governed by the four-year statute of limitations applicable to claims arising under an Act of Congress enacted after December 1, 1990, 28 U.S.C. Section 1658, or by the personal injury statute of limitations of the forum state, judgment of the trial court is affirmed in part and reversed in part where because they arise under a post-December 1, 1990 Act of Congress, section 1981 retaliation claims are governed by the four-year statute of limitations under Section 1658.

Appellate Information

• Decided 08/04/2011
• Published 08/04/2011

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William J. Kelley, III, Adrienne C. Publicover