Castagna v. Luceno, No. 13-796 (2d Cir. 2014)Annotate this Case
Plaintiff appealed from the dismissal of her state-law tort claims as time-barred, arguing that the statute of limitations applicable to her tort claims was tolled by her filing of a charge of discrimination with the EEOC. The court joined the Seventh and Ninth Circuits in holding as a matter of federal law that filing an EEOC charge did not toll the limitations period of state-law tort claims, even if those claims arose out of the same factual circumstances as the discrimination alleged in the EEOC charge. Accordingly, the court affirmed the dismissal of plaintiff's tort claims.