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Statute of Limitations — Complaint Dismissed without Prejudice Does Not Toll Limitations Period as a Matter of Federal Law

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From Kucher v. Alternative Treatment Center of Paterson, LLC, 2009 U.S. Dist. LEXIS 36737 (E.D.N.Y. March 27, 2009):

In the event of a dismissal without prejudice, the limitations period in this case would be considered to have expired in 2008 [for one claim] since such a dismissal negates the tolling effected by the commencement of the action. See Cardio-Medical Assoc., Ltd. v. Crozer-Chester Med. Ctr., 721 F.2d 68, 77 (3d Cir. 1983) ("It is a well recognized principle that a statute of limitations is not tolled by the filing of a complaint subsequently dismissed without prejudice. As regards the statutes of limitations, the original complaint is treated as if it never existed.")

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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