Law Commons^™

Civil Procedure - Federal Rules Of Civil Procedure - Scope Of Rule 3 - Tolling The Statute Of Limitations - Conflict Between Rule 3 And State Tolling Statute, Pamela J. Zepka

Duquesne Law Review

The United States Supreme Court has determined that in a federal diversity action, Rule 3 of the Federal Rules of Civil Procedure is not broad enough to displace an integral state tolling provision for purposes of tolling the state statute of limitations.

Walker v. Armco Steel Corp., 446 U.S. 740 (1980).