Barrett v. Metropolitan Life Ins. Co., 052909 FED2, 08-0598-cv

Docket Nº:08-0598-cv
Party Name:JACQUELYN BARRETT, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.
Attorney:APPEARING FOR APPELLANT: ADAM S. JAFFE, Atlanta Trial Lawyers Group, Atlanta, Georgia. APPEARING FOR APPELLEE: ANDREW O. BUNN (B. John Pendleton, Jr., on the brief), McCarter & English, LLP, New York, New York.
Judge Panel:PRESENT: HONORABLE JOSEPH M. McLAUGHLIN, HONORABLE REENA RAGGI, Circuit Judges, HONORABLE JANE A. RESTANI, Judge.
Case Date:May 29, 2009
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

JACQUELYN BARRETT, Plaintiff-Appellant,

v.

METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

No. 08-0598-cv

United States Court of Appeals, Second Circuit

May 29, 2009

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: "(SUMMARY ORDER)." A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED ON ANY PARTY NOT REPRESENTED BY COUNSEL UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://WWW.CA2.USCOURTS.GOV/). IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 29th day of May, two thousand nine.

Appeal from the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge).

APPEARING FOR APPELLANT: ADAM S. JAFFE, Atlanta Trial Lawyers Group, Atlanta, Georgia.

APPEARING FOR APPELLEE: ANDREW O. BUNN (B. John Pendleton, Jr., on the brief), McCarter & English, LLP, New York, New York.

PRESENT: HONORABLE JOSEPH M. McLAUGHLIN, HONORABLE REENA RAGGI, Circuit Judges, HONORABLE JANE A. RESTANI, Judge.1

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court, entered on January 15, 2008, is AFFIRMED.

Jacquelyn Barrett, former sheriff of Fulton County, Georgia, sued defendant for negligent hiring, retention, and supervision of an employee who mismanaged funds that Barrett had invested on behalf of the Fulton County Sheriff's Department. Barrett now appeals the dismissal of her complaint as untimely. Because federal jurisdiction in this case is based on diversity of citizenship, the conflict-of-law rules of the forum state, New York, determine which state's law governs. See Cantor Fitzgerald Inc. v. Lutnick, 313 F.3d 704, 710 (2d Cir. 2002); see also Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496 (1941). We review de novo the district court's application of state law and its judgment of dismissal. See Salve Regina Coll. v. Russell, 499 U.S. 225, 231 (1991); Vietnam Ass'n for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104, 115 (2d Cir. 2008). In so doing, we assume the parties' familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.

Barrett submits that the district court, instructed by New York's "borrowing statute" to apply Georgia's limitations period, see N.Y. C.P.L.R. § 202, committed two errors when holding that her claim was governed by the one-year limitations...

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