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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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Second Circuit Revives Antitrust Class Action Brought By Two Non-Existent Entities - Anti-trust/Competition Law

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On March 17, 2021, the United States Court of Appeals for the
Second Circuit ( Second Circuit ) overturned the decision of the United States
District Court for the Southern District of New York
( District Court ) dismissing
Fund Liquidation
Holdings, LLC v. Bank of America Corporation, et al. In so
doing, the Second Circuit revived antitrust class action claims
against a number of banks, which alleged that the banks manipulated
the Singapore Interbank Offer Rate ( SIBOR ) and the
Singapore Swap Offer Rate (SOR) between 2007 and 2011. Two Cayman
Island investment funds-FrontPoint Asian Driven Fund, L.P., and ....

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