Legal Question in Civil Litigation in California
statute of limitations on federal torts
Are federal statutes of limitations the same for every state? What is the federal statute of limitation on Intentional Infliction of Emotional Distress? If a corp is housed primarily in Calif but incorporated in New Jersey would the federal court in Calif accept the filing of a case against such company?
Thank you very much for your advice.
1 Answer from Attorneys
Re: statute of limitations on federal torts
Except for specific actions created by federal statute, federal courts generally apply the statute of limitations of the jurisdication in which the claim arose or the jurisdiction whose law applies to the claim. Thus, the answer to your question is that a claim for emotional distress is subject to the statute of limiations of the state in which the claim arose.
A company may be sued in federal court in any jurisdiction where it is incorporated or where it does business. If a company is incorporated in New Jersey but has its headquarters in California, then it would be subject to the jurisdiction of both courts.
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