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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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Class Action Litigation Winter 2020/2021

Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing. ....

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