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Applying American Pipe In State Courts

Law360 (April 14, 2011, 2:41 PM EDT) -- In American Pipe & Construction Co. v. Utah,[1] the U.S. Supreme Court held that commencement of a class action tolled the applicable statute of limitations as to all asserted class members who could have been parties to the class. The court found that a federal class action under Rule 23 of the Federal Rules of Civil Procedure was “a truly representative suit designed to avoid, rather than encourage, unnecessary filing of repetitious papers and motions.”

In order to strike a balance between the purpose of Rule...
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