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Hello! Statue of Limitations according to Massachusetts General Laws is 3 years for lawsuits against Municipality, Tort claims, civil rights--O.K. But that is State Laws.If I file the lawsuit in Federal Court--do they still consider Massachusetts General Laws Statue of Limitations or other,Federal Law with other Statue of Limitations? I still have one day--until tomorrow evening to re-file in Federal court, if Federal Statue is 5 years. Please, reply. Thank's ,Alex Blumin
Optional Information: Country relating to Question: United States State (if USA): Massachusetts Already Tried: I filed a lawsuit in Pittsfeild, Massachusetts case #XXXX-XXX against City of Pittsfeild, but Defendant claims 3 year Mass State statue of limitations has expired.
Hello and welcome,Any state law claims that are filed in Federal Court, will typically need to be filed by the state Statute of Limitations or they would be dismissed by the federal court since the federal court will normally apply the state law to the claim.If there is an equivalent federal claim of the same type, then the federal statute of limitations would normally apply unless the statute itself states otherwise.
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Tina
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I am claiming against Municipality, City of Pittsfield:
I am familiar with those statutes and they typically apply the state statute of limitations since the federal statute does not contain a statute of limitations itself. So if the state statute is 3 years, that is normally what would be applied by the federal court.
Experience: JD, BBA Over 20 years legal and business experience.