For Whom The Court Tolls

Law360, New York (June 5, 2012, 1:31 PM EDT) -- For some time, parties have — incorrectly — assumed that the filing of a class action complaint in federal court automatically tolls the statute of limitations for all claims asserted, for every member of the proposed class, until a ruling on class certification is issued. This belief has its roots in the United States Supreme Court’s decision in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974).

The U.S. Court of Appeals for the Second Circuit’s decision in May 2012 in Casey v. Merck...
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