Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

PDF

Litigation

University of Pittsburgh School of Law Working Paper Series

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice , Arthur Hellman Jan 2007

The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice , Arthur Hellman

University of Pittsburgh School of Law Working Paper Series

In November 2005, four prominent legal organizations sponsored the second National Conference on Appellate Justice. One purpose was to take a fresh look at the operation of appellate courts 30 years after the first National Conference. As part of the 2005 Conference, small groups of judges and lawyers gathered in breakout sessions to discuss specific issues about the operation of the appellate system. This article summarizes and synthesizes the participants’ comments. The article is organized around three major topics, each of which builds on a different contrast with the 1975 conference.

First, the participants in the earlier conference apparently assumed ...


Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman Sep 2006

Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman

University of Pittsburgh School of Law Working Paper Series

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 ...