Does the Filing of a Federal Class Action Toll the Statute of Limitations on Individually Filed State Actions?
In two significant decisions, the U.S. Supreme Court has held that the filing of a class action tolls the statute of limitations for subsequent filings until the court rules on class certification. The high court initially applied this rule to plaintiffs who had tried to intervene in the original action, and then filed new suits, but later extended it to all plaintiffs who filed individual suits in the same federal court. But the Supreme Court did not address whether a class action filed in one federal or state jurisdiction tolls the statute for cases filed in another jurisdiction. Authors Barbara R. Binis and Caroline A. Flotron point out that most courts who have addressed the matter have determined that there is no cross-jurisdictional tolling. However, a recent ruling by the California Court of Appeal held that filing of federal class actions tolled limitations in a state court suit. The case is currently pending before the California Supreme Court. Allowing cross-jurisdictional to
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