30
Syllabus
federal limitations period was already longstanding when WARN was passed in 1988, justifying the assumption that Congress intended by its silence that courts borrow state law. Agency Holding Corp. v. Malley-Duff & Associates, Inc., 483 U. S. 143, 147. Accordingly, since the complaints in both of these cases were timely even under the shortest of the potentially-applicable Pennsylvania statutes of limitations, there is no need to go beyond the Court of Appeals's decision to choose the best of the four, and it is enough to say here that none of these statutes would be at odds with WARN's purpose or operation, or frustrate or interfere with the intent behind it. DelCostello, supra, at 166, distinguished. Although petitioners are right that the adoption of state limitations periods can result in variations from State to State and encourage forum shopping, these are just the costs of the general rule itself, and nothing about WARN makes them exorbitant. Agency Holding Corp., supra, at 149, 153-154, distinguished. Because a state counterpart provides a limitations period without frustrating consequences here, it is simply beside the point that a perfectly good federal analogue exists. Pp. 35-37.
32 F. 3d 53, affirmed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Thomas, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, post, p. 37.
Steven B. Feirson argued the cause for petitioners in both cases. On the briefs in No. 94-834 were Vincent Candiello, Wayne D. Rutman, and Peter Buscemi. With Mr. Feirson on the briefs in No. 94-835 was Jerome A. Hoffman.
Laurence Gold argued the cause for respondents in both cases. On the briefs in No. 94-834 were Paul Alan Levy and Alan B. Morrison. With Mr. Gold on the briefs in No. 94-835 were Robert M. Weinberg, Jeremiah A. Collins, Carl B. Frankel, David I. Goldman, and David M. Silberman. Malcolm L. Stewart argued the cause for the United
States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Deputy Solicitor
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: October 4, 2007