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Finding the answers

Finding the answers
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No Liability for Not Manufacturing a Product

Eleventh Circuit Concludes that Foreign Country s Equitable Tolling Standards Can Apply in Federal Class Action | McGuireWoods LLP

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

Ninth, Eleventh and DC Circuits Decisions in Class Actions
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Tolling Issues in Class Actions | Troutman Pepper

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.

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