Smallwood v. Titanium Metals Corp.

U.S. Court of Appeals for the Ninth Circuit December 20, 2004

Smallwood v. Titanium Metals Corp., 115 F. App'x 416 (9th Cir. 2004)

Opinion of the Court

MEMORANDUM *

Smallwood filed this wrongful discharge action on July 17, 2001. The precise date of Smallwood’s discharge is unclear, but we know that he was discharged sometime prior to June 14, 1999, the date on which the union complained of Smallwood’s “[u]n-just [discharge.” In Nevada, a claim for wrongful discharge is subject to a two-year statute of limitations. See Palmer v. State, 106 Nev. 151, 787 P.2d 803, 804 (1990); Torre v. J.C. Penney Co., Inc., 916 F.Supp. 1029, 1030 (D.Nev. 1996). Since Smallwood filed this action more than two years after his discharge, it was untimely.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name: David W. SMALLWOOD v. TITANIUM METALS CORPORATION, and Local 4856, United Steel Workers of America Alan Gines Loren Taylor Jerry Storms
Status: Published