North Star Steel Co. v. Thomas, 515 U.S. 29, 10 (1995)
Legal Research Home >
United States Supreme Court > 515 U.S. > North Star Steel Co. v. Thomas, 515 U.S. 29, 10 (1995)
Page: Index 1 2 3 4 5 6 7 8 9 10
38
NORTH STAR STEEL CO. v. THOMAS
Scalia, J., concurring in judgment
I have joined in applying to a so-called "implied" cause of
action the limitations period contained in the federal statute
out of which the cause of action had been judicially created.
See Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U. S. 350, 364-366 (1991) (Scalia, J., concurring in
part and concurring in judgment). But the cause of action
at issue here was created not by us, but by Congress. Accordingly, in my view, the appropriate state statute of
limitations governs.
Because none of the state statutes arguably applicable
here would frustrate the purposes of the Worker Adjustment
and Retraining Notification Act (WARN), 29 U. S. C. § 2101
et seq., and because the WARN actions before us are timely
under even the shortest of those statutes, I concur in the
Court's judgment.
Page: Index 1 2 3 4 5 6 7 8 9 10
Last modified: October 4, 2007
|
