When Tolling Ends for Class Members: The Seventh Circuit Expands the Scenarios When Class Members Lose the Benefits of Tolling

Class actions are vexing for defendants. The exposure can be large and the litigation can become very complex. One way to defeat a class action is on statute of limitations grounds. However, in the seminal case on statutes of limitations in the class action context, American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court held when a plaintiff files a complaint on behalf of a proposed class, and where certification is denied because of the plaintiff’s failure to demonstrate that “the class is so numerous that the joinder of all members is impracticable,” the statute of limitations for the claim is tolled for each member of the class. Continue reading “When Tolling Ends for Class Members: The Seventh Circuit Expands the Scenarios When Class Members Lose the Benefits of Tolling”