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Tennessee Code Annotated

Tenn. Code Ann. § 28-1-115 (2026)

Dismissed federal court actions

✓ current as of May 2026
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Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall have one (1) year from the date of such dismissal to timely file such action in an appropriate state court.

Acts 1984, ch. 520, § 1.

Notes of Decisions
Cited in 38 cases (3 in the last 5 years), 1991–2026 · leading case: Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012).
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Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012). · cites it 4× “” Tenn. Code Ann. § 28-1-115 (2000). 4 On January 2, 2009, the original trial judge, Rita L.”
Lynn v. City of Jackson, 63 S.W.3d 332 (Tenn. 2001). · cites it 6× “The plaintiffs also rely upon a similar state statute, Tenn.Code Ann. § 28-1-115, which provides: Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall…”
Nance v. City of Knoxville, 883 S.W.2d 629 (Tenn. Ct. App. 1994). · cites it 15× “The appellant countered that T.C.A. § 28-1-115 preserved the cause of action.”
Sanders v. Traver, 109 S.W.3d 282 (Tenn. 2003). · cites it 8× “§ 28-1-105 (1999), which allows commencement of a new action within one year after a nonsuit, dismissal without prejudice, reversal, or arrest; or Tenn.Code Ann. § 28-1-115 (1999), which allows commencement of a new action in state court within one year after a federal court…”
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). · cites it 4× “”) (emphasis added) and Tenn. Code Ann. § 28-1-115 (“Notwithstanding any applicable statute of limitations to the contrary, .”
Farmer v. Tennessee Dep't of Saf., 228 S.W.3d 96 (Tenn. Ct. App. 2007). · cites it 7× “Plaintiffs third issue is: ‘Whether T.C.A. 28-1-115 applies to this action.” This is an alternative argument of plaintiff in which he maintains that Tennessee Code Annotated section 28-1-115 should save the instant action.”
Doyle v. Frost, 49 S.W.3d 853 (Tenn. 2001). · cites it 2× “The savings statute cases cited by the Court of Appeals focus upon whether governmental entities are subject to the provisions of Tenn.Code Ann. § 28-1-105 (1999), which allows commencement of a new action within one year after a nonsuit, dismissal without prejudice, reversal,…”
Walton Cunningham v. Williamson Cnty. Hosp. Dist. d/b/a Williamson Med. Ctr., 405 S.W.3d 41 (Tenn. 2013). · cites it 2× “3d at 337 -38 (citing Tenn. Code Ann. § 28-1-115 ). We held that “the general rule in Tennessee is that savings statutes may not be applied to extend the period within which an action must be filed under the GTLA.”
Davidson v. Lewis Bros. Bakery, 227 S.W.3d 17 (Tenn. 2007). · cites it 2× “2001) (a litigant may not rely on Tennessee Code Annotated section 28-1-115, which “saves” for one year a case for filing in state court after a federal court has dismissed it for a lack of jurisdiction, to extend the state Government Tort Liability Act (GLTA)’s one-year statute…”
Sutton v. Barnes, 78 S.W.3d 908 (Tenn. Ct. App. 2002). · cites it 2× “1994), that T.C.A. § 28-1-115, which allows a plaintiff to bring an action in state court following the dismissal of an action in federal court for lack of jurisdiction, does not apply to GTLA actions because the statute would effectively extend the GTLA statute of limitations…”
A'La v. Tennessee Dep't of Corr., 914 S.W.2d 914 (Tenn. Ct. App. 1995). · cites it 4× “Petitioner contends that although the February 1991 filing date is more than sixty days beyond the last date of the acts about which petitioner complained, the filing of the petition in chancery court is nevertheless timely pursuant to T.C.A. § 28-1-115 (Supp.1994). In that…”
Webster v. Tennessee Bd. of Regents, 902 S.W.2d 412 (Tenn. Ct. App. 1995). · cites it 3× “Plaintiffs third issue is: “Whether T.C.A. 28-1-115 applies to this action.” This is an alternative argument of plaintiff in which he maintains that Tennessee Code Annotated section 28-1-115 should save the instant action.”
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