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In a recent case addressing the novel issue of whether foreign law trumped United States law for purposes of class action tolling, the U.S. Court of Appeals for the Eleventh Circuit.
Ninth, Eleventh and DC Circuits Decisions in Class Actions natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Based on the facts before it, the Supreme Court in
American Pipe limited the tolling of absent class member claims in at least two ways: (1) to cases in which class certification had been denied and (2) to cases in which the denial of class certification was
not for lack of standing by the named plaintiff.
American Pipe, 414 U.S. at 552–53. While
American Pipe noted these limitations, courts have struggled with both restrictions because they can appear to lead to inequitable results and be inconsistent with the reasoning behind
American Pipe. This has led some courts to allow tolling in both exceptions: cases without denial of class certification and case in which dismissal was based on the named plaintiff’s lack of standing. This has created conflict among lower courts.