After the Supreme Court rejected a nationwide class action by female Wal-Mart workers in the 2011 Dukes case, the plaintiffs filed smaller class actions in different parts of the country. Wal-Mart has persuaded several of the trial courts that these “second chance” class actions were filed too late. The courts have relied on a long standing rule, adopted by many federal appellate courts, that one class action does not pause the statute of limitations for a possible second class action.
Naturally, the plaintiffs want to overturn this “no-piggybacking” rule; it is blocking their class actions. Recently, the plaintiffs persuaded a district court to let them file an immediate appeal on the lateness issue. The next question is whether the appellate court will agree to decide the issue now. We will keep you posted. Love v. Wal-Mart Stores, Inc., No. 12-cv-61959-RNS (S.D. Fla. Dec. 3, 2013).