The Court holds that a cause of action for retaliatory discharge sounds in tort rather than contract, and is therefore subject to a two-year statute of limitations. The Court further finds that Superior Court erred in failing to apply 28 U.S.C. § 1367(d) to toll the two-year statute of limitations for 30 days after the District Court of the Virgin Islands declined to exercise supplemental jurisdiction over the appellant's territorial law claims. Finally, the Court vacated the Superior Court's dismissal order so that it may, on remand, apply the proper test for equitable tolling of the statute of limitations for the period of time not entitled to statutory tolling under 28 U.S.C. § 1367(d).
Supreme Court Of The Virgin Islands