No. 25-1352October Term 2025Petition PendingUpdated Sep 2, 2026
Deborah Kollman, as Executor of the Estate of Stephanie A. Smith v. Mercy Health-Clermont Hospital
Deborah Kollman, as Executor of the Estate of Stephanie A. Smith, Petitioner v. Mercy Health-Clermont Hospital, LLC, et al.
The case concerns when the statute of limitations is paused for state-law claims under 28 U.S.C. § 1367(d) after a lawsuit filed in state court is removed to federal court.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Next
- Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
- What it's about
The case concerns when the statute of limitations is paused for state-law claims under 28 U.S.C. § 1367(d) after a lawsuit filed in state court is removed to federal court. The petitioner argues that the pause should begin when the claim was timely filed in state court, rather than only when it reaches federal court through removal.
Question presented
1. When a case is timely filed in state court and then removed to federal court, does the tolling provision in § 1367(d) stop the clock on the limitations period for any state-law claims as of the time the plaintiff initially, and timely, filed the claim in state court? 2. Or, does the clock stop only once the claim is pending in federal court, even if removal to federal court is beyond the plaintiff’s control?
- Case path
Court of Appeals of Ohio, Clermont County / Petition pending
- Area
Immigration
Briefing
What it's about
The case asks when a federal-law tolling rule pauses the deadline for state-law claims after a case filed in state court is removed to federal court. The petitioner argues the pause should begin when the claim was timely filed in state court, not only after removal.
Argument
A petition for a writ of certiorari (the Court's decision whether to hear a case) has been filed. Oral argument is not yet scheduled, and no substantive justice or advocate reactions are available yet.
Impact
The answer could determine whether people lose state-law claims because a case was moved to federal court. For example, a plaintiff whose case is removed may need to refile a state claim before a deadline expires.
What's next
The Court may decide whether to take the case. No decision window is available yet; watch for an argument date or another scheduling move.
What is at stake in Kollman v. Mercy Health-Clermont Hospital?
The case concerns whether a deadline for state-law claims is paused from the original state-court filing or only after removal to federal court.
Who could be affected by the deadline question in this case?
Plaintiffs with state-law claims in cases removed to federal court could be affected. The timing may determine whether those claims remain timely.
What happens next in Kollman v. Mercy Health-Clermont Hospital?
The Supreme Court may decide whether to hear the petition. Oral argument has not been scheduled.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 2, 2026 | Generated
Brief added: Petition
Jun 1, 2026 | Court records
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 2, 2026
- Method
- Methodology