News & Analysis as of September 19, 2024

Statute of Limitations › Putative Class Actions

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on 9/19/2024

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Florida District Court Pares Claims In Putative Class Action Against NFT Companies And Their Celebrity Promoter

A&O Shearman on 9/18/2024

On August 16, 2024, Judge Federico A. Morena of the United States District Court for the Southern District of Florida granted in part and denied in part a motion to dismiss a putative class action asserting claims under...more

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

Carlton Fields on 8/8/2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Federal and State Antitrust Enforcers Double Down on Stance Against No-Poach Agreements, Urging 2nd Circuit in Amicus Briefs to...

BakerHostetler on 8/17/2023

In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one...more

Tenth Circuit Reverses Dismissal Of Putative Class Action, Holding That Statute Of Repose Did Not Bar Filing Of Second Amended...

A&O Shearman on 8/4/2023

On July 13, 2023, the United States Court of Appeals for the Tenth Circuit reversed the dismissal of a putative class action asserting claims against a poultry producer and certain of its officers under Section 10(b) of the...more

Ninth Circuit Clarifies When One-Year FDCPA Statute of Limitations Begins To Run

Womble Bond Dickinson on 7/27/2023

A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more

This Week At The Ninth: Removal Requirements

Morrison & Foerster LLP - Left Coast Appeals on 7/18/2023

This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the...more

Court Dismisses Post-SPAC Class Action for Lack of Standing

Goodwin on 5/26/2023

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York dismissed a putative securities class action against CarLotz, Inc. (CarLotz), and certain of its officers and directors on the grounds...more

Seventh Circuit Dismisses FDCPA Claim for Lack of Standing

Burr & Forman on 4/11/2022

In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more

Illinois Appellate Court Clarifies the Statutes of Limitations Applicable to BIPA

King & Spalding on 12/16/2021

On September 17, 2021, in Tims v. Black Horse Carriers, Inc., the Illinois Appellate Court decided which of the state’s statutes of limitations applies to claims brought under the Illinois Biometric Privacy Act (“BIPA”). The...more

Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance

Cadwalader, Wickersham & Taft LLP on 7/15/2021

The Third Circuit extended American Pipe tolling to the period before a decision on class-certification, opening a new avenue for potential class members to assert otherwise untimely individual securities claims. The Ninth...more

When Does My Duty To Preserve End?

Farrell Fritz, P.C. on 4/15/2021

Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end? ...more

New York High Court Recognizes "American Pipe" Cross-jurisdictional Class Action Tolling but Dismissal Restarts the Clock

Harris Beach PLLC on 12/4/2020

Recently, the Court of Appeals of New York answered the questions certified to it by the Second Circuit in the affirmative that New York recognizes “American Pipe” (American Pipe v. Constr. Co v. Utah, 414 U.S. 538 (1974))...more

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

Seyfarth Shaw LLP on 4/27/2020

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Robinson+Cole Class Actions Insider on 2/28/2020

Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most...more

Do Putative Class Members’ Claims Trigger the Duty to Defend?

Pillsbury - Policyholder Pulse blog on 2/19/2020

Must an insurer consider the possibility that putative class members (i.e., potential class members not named in the complaint) other than the proposed class representatives (i.e., the plaintiffs named in the complaint to...more

Justin Timberlake Waves Bai Bai Bai to Partially Dismissed “No Artificial Flavors” Beverage Mislabeling Suit

Proskauer - Advertising Law on 5/2/2019

Last month, a judge in the Southern District of California partially dismissed a putative class action against beverage company Bai Brands, LLC (“Bai”) and related defendants. Branca v. Bai Brands, LLC, No. 18-00757 (S.D....more

UCL and Financial Elder Abuse Claims Against Life Insurer Are Time-Barred

Carlton Fields on 4/5/2019

Life insurers in California are all too familiar with claims based on alleged violations of senior notice statutes and financial elder abuse. ...more

In re Celexa And Lexapro – The First Circuit Weighs In On China Agritech And American Pipe Tolling

Pierce Atwood LLP on 2/20/2019

The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. ...more

Product Liability 2018 Year in Review

Nutter McClennen & Fish LLP on 1/29/2019

Massachusetts state and federal courts issued a number of important product liability decisions in 2018. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

Carlton Fields on 12/7/2018

Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...more

District Court in Alabama Dismisses Putative Class Action Alleging Settlement Letter Violated the FDCPA

Burr & Forman on 12/7/2018

In Swann v. Dynamic Recovery Solutions, LLC, No. 4:18-CV-1000-VEH, 2018 WL 6198997 (N.D. Ala. Nov. 28, 2018), the Northern District of Alabama dismissed a putative class action case alleging a letter seeking to collect a...more

The Class Action Chronicle - Midyear Update 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 10/13/2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

For Whom the Statute Tolls: Statute of Limitations Extended in Plaintiff’s Individual TCPA Lawsuit Based on American Pipe Tolling...

Womble Bond Dickinson on 9/12/2018

The TCPA already has an ample four-year statute of limitations. But based upon a 1974 Supreme Court case called American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), that statute is extended every time a defendant...more

American Pipe Clarified: Statute of Limitations for Class Actions not tolled by a Prior Motion for Class Certification

Hinshaw & Culbertson LLP on 7/17/2018

In a unanimous decision, the United States Supreme Court held on June 11, 2018 that a pending motion for class certification does not toll the statute of limitations for the filing of a new class action lawsuit by a putative...more

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Statute of Limitations › Putative Class Actions

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