John Massey, Jr. v. Virginia Polytechnic Institute, No. 22-1320 (4th Cir. 2023)
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Plaintiff filed a lawsuit in Virginia state court asserting federal claims against his former employer, Virginia Polytechnic Institute and State University (“Virginia Tech”). Plaintiff took a voluntary nonsuit of that action, as was his right under Virginia law, and refiled the action in federal district court about ten days later. The district court granted Virginia Tech’s motion to dismiss the case on statute of limitation grounds. Plaintiff appealed, arguing that under Virginia law, a voluntary nonsuit tolls the limitations period as long as the action is refiled within six months after the nonsuit was granted.
The Fourth Circuit vacated the district court’s order and remand for further proceedings on Plaintiff’s complaint. The court concluded that the Virginia court where Plaintiff originally filed his complaint had statutorily granted subject-matter jurisdiction over the class of claims asserted in Plaintiff’s complaint. The order granting Plaintiff’s motion for voluntary nonsuit was therefore valid under Morrison and triggered the tolling provisions of Va. Code Section 8.01-229(E)(3). Because Plaintiff refiled his case in federal court within six months of the date of the nonsuit order, this action was timely filed under Section 8.01- 229(E)(3), and the district court therefore erred by dismissing Plaintiff’s complaint.
This opinion or order relates to an opinion or order originally issued on July 31, 2023.
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