Thursday, October 06, 2005

employment discrimination - age/disability - statute of limitations

Heater v. Kidspeace - ED Pa. - October 5, 2005

Plaintiff exhausted admin. remedies, then filed complaint in state court for age and disability discrimination. The case was eventually removed to federal court, where defendant moved to dismissed on statute of limitations grounds, based on untimely filing and service of the original case in state court.

Held, any alleged errors with this state court process had to be raised in state court, not on motion to dismiss in federal court on statute of limitations grounds..

Donald Marritz
MidPenn Legal Services