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JOHNSON v. LUCENT TECHNOLOGIES INC.

No. 09-55203.

653 F.3d 1000 (2011)

Russell H. JOHNSON, III, Plaintiff-Appellant, v. LUCENT TECHNOLOGIES INC.; Connecticut General Life Insurance Company, Erroneously Sued As Cigna Healthcare, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2011.

As Amended August 19, 2011.

Attorney(s) appearing for the Case

William J. Kelley, III , and Pamela A. Kelley , Kelley & Kelley, Irvine, CA, for the plaintiff-appellant.

Adrienne C. Publicover , Russell H. Birner , and Lawrence J. Rose , Wilson Elser Moskowitz Edelman & Dicker LLP, San Francisco, CA, for the defendants-appellees.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.

OPINION

B. FLETCHER, Circuit Judge:

This case requires us to decide whether 42 U.S.C. § 1981 retaliation claims are governed by the four-year statute of limitations applicable to claims "arising under an Act of Congress enacted" after December 1, 1990, 28 U.S.C. § 1658, or by the personal injury statute of limitations of the forum state. Section 1981 retaliation claims were foreclosed by Patterson...

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