David E. Morrison, a Principal in the firm's Litigation and Labor & Employment group, is quoted in "Supreme Court Ruling May Result in More State-Law Claims Against Employers," a January 2018 article published by the Society for Human Resource Management (SHRM).
The article concerns a recent U.S. Supreme Court ruling that will allow employees who file state-law claims in federal court to have more time to re-file the state-law claims in state court if they are dismissed without prejudice by the federal court. This ruling will expand the time most plaintiffs will have to file suit.
Mr. Morrison discussed how this ruling could affect how long an employer's litigation hold is kept in place to preserve evidence when an employee has a right to sue but waits several years to bring the claims.
"Given that memories start to fade, it could also impact an employer's ability to defend against that potential lawsuit," Mr. Morrison stated. He added that the ruling makes it difficult for businesses to budget for potential related expenses, since employers may not know if and when the employee will refile.