Issues: (1) Whether in a class action filed in federal court
based on diversity jurisdiction, the tolling rule
of American Pipe & Construction Co. v. Utah applies, as the U.S. Court of Appeals for the 8th Circuit
has held, or whether state tolling law applies
as the U.S. Court of Appeals for the 5th Circuit ruled in this case and as
the U.S. Courts of Appeals for the 2nd, 4th, 6th, 7th and 9th
Circuits have held; and (2) whether, if federal tolling applies, tolling occurs when a plaintiff brings an individual
action before the district court has ruled on
the class certification question, as the 2nd,
9th and 10th Circuits have ruled, or
whether tolling does not apply as the 1st
and 6th Circuits have ruled.
Privacy & Cookies Policy
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.