Debate Brews Over Tolling Rule In Mass Tort Cases

Law360 (April 17, 2008, 12:00 AM EDT) -- A class action tolling doctrine often asserted by plaintiffs firms in mass tort litigation has come under attack by defense lawyers who claim it is being used to drag out cases for years.

For decades, plaintiffs firms have relied on the U.S. Supreme Court’s decision in American Pipe & Construction Co. v. Utah, which held that filing a putative class action stops the statute of limitations from running for would-be class members until a court decides whether to certify the class or not.

However, the 1974...
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