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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- NORTH STAR STEEL CO. v. THOMAS et al.
- certiorari to the united states court of appeals for
- the third circuit
- No. 94-834. Argued April 25, 1995-Decided May 30, 1995
-
- Respondents filed separate claims under the federal Worker Adjust-
- ment and Retraining Notification Act (WARN), which authorizes a
- civil enforcement action by aggrieved employees or their union
- against a covered employer who fails to give 60 days notice of a
- plant closing or mass layoff, but provides no limitations period for
- such an action. In rejecting petitioner employer's contention that
- the statute of limitations had run, the District Court in Crown Cork
- held that the source of the limitations period for WARN suits is
- state law and that respondent union's suit was timely under any of
- the arguably applicable Pennsylvania statutes. In North Star,
- however, another District Court granted summary judgment for
- petitioner employer, holding respondent employees' suit barred
- under a limitations period borrowed from the National Labor Rela-
- tions Act, which the court believed was ``more analogous'' to WARN
- than any state law. The Third Circuit consolidated the cases and
- held that a WARN limitations period should be borrowed from state,
- not federal, law, reversing in North Star and affirming in Crown
- Cork.
- Held: State law is the proper source of the limitations period for civil
- actions brought to enforce WARN. Pp. 3-7.
-
- (a) Where a federal statute fails to provide any limitations period
- for a new cause of action, this Court's longstanding and settled
- practice has been to borrow the limitations period from the most
- closely analogous state statute. A closely circumscribed and narrow
- exception to this general rule allows borrowing from elsewhere in
- federal law when the arguably relevant state limitations periods
- would frustrate or interfere with the implementation of national
- policies or be at odds with the purpose or operation of federal
- substantive law. See, e.g., DelCostello v. Teamsters, 462 U. S. 151,
- 161, 172. Pp. 3-5.
- (b) This case falls squarely inside the general rule, not the
- exception. The presumption that state law will be the source of a
- missing 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 Hold-
- ing 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. 5-7.
- 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.
-