Earlier Suit Didn't Pause Clock For TCPA Suit, 11th Circ. Says

By Emily Field (August 3, 2015, 5:53 PM EDT) -- In a precedential ruling, the Eleventh Circuit said Monday that a proposed class action accusing a Florida nursery of sending unsolicited faxes didn't suspend the statute of limitations for a later-filed proposed class action that sought to represent the same class.

The appeals panel affirmed the decision of a lower court that a proposed class action filed against Bob Wines Nursery Inc. that was later dismissed for lack of standing since the junk faxes at issue weren't sent to the plaintiff, Aero Financial Inc., didn't stop the clock from running on the statute of limitations for another proposed class action filed...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!