Morris v. Giovan, 242 P.3d 181

Morris sued Dr. Giovan for medical malpractice in Arizona state court; the action accrued after Morris’s knee surgery at Phoenix Indian Medical Center on March 7, 2003; Morris previously filed a 2004 state court action that was dismissed for lack of service; Morris then filed a FTCA federal action in 2006–2007 which dismissed for lack of subject matter jurisdiction; Morris filed a second state court action on March 1, 2007 naming Giovan; the 2007 state court action was dismissed on December 27, 2007 for failure to timely file within the statutory period; Morris sought Rule 60(c)(6) relief in April 2008 claiming tolling under 28 U.S.C. § 1367; the trial court denied the motion and the unsigned order was later signed, leading to appellate reversal proceedings and eventual affirmance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 1367(d) tolls the statute of limitations when federal action is dismissed for lack of subject matter jurisdiction	Morris contends tolling applies under § 1367(d) and A.R.S. § 12-504.A.	Giovan argues § 1367(d) does not toll where the federal court lacked jurisdiction	No tolling under § 1367(d) for lack of jurisdiction
Whether denial of Rule 60(c)(6) relief was proper given the tolling conclusion	Morris argues tolling should revive the state-law claim	Giovan argues no tolling, so timely filing was not met	Trial court did not err; denial affirmed

Raygor v. Regents of Univ. of Minnesota, 534 U.S. 533 (2002) ( tolling only for certain dismissals; not to Eleventh Amendment or lack of subject-matter jurisdiction dismissals)
Universal Roofers v. Indus. Comm'n of Arizona, 187 Ariz. 620 (App. 1996) (statutory interpretation of tolling and related issues under § 1367(d))
Nowak v. Ironworkers Local 6 Pension Fund, 81 F.3d 1182 (2d Cir. 1996) (parental jurisdiction prerequisite to supplemental jurisdiction)
MCI Telecomms. Corp. v. Teleconcepts, Inc., 71 F.3d 1086 (3d Cir. 1995) (supplemental jurisdiction and jurisdictional prerequisites)