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Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman
Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman
Articles
Timing is everything. Even the most meritorious lawsuit will be dismissed if the statute of limitations has run on the plaintiff's claim. In class action litigation, this hurdle is particularly daunting. Supreme Court precedent makes clear that if a class action complaint is timely filed, then the claims of all class members are deemed timely. Likewise, if a motion to certify the class is denied, absent class members may seek to intervene in the pending action or to file individual actions and either way, the statute of limitations is tolled from the date of filing of the class action complaint …
What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison
What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison
Georgetown Law Faculty Publications and Other Works
This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement …