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No. 25-1352October Term 2025Petition PendingUpdated Sep 2, 2026

Docket 25-1352October Term 2025 (2025–2026)

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.
Petition PendingNot granted
ArgumentsNot scheduled
Decision ReleasedNot scheduled
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.

Activity

Docket activity2
  • AI analysis generated: Case Briefing

    Sep 2, 2026 | Generated

  • Brief added: Petition

    Jun 1, 2026 | Court records

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
Primary materials5
Context reporting3