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”
The Seventh Circuit Court of Appeals recently issued an opinion that supports numerous district court opinions that cosmetology students are not employees. In Hollins v. Regency Corp., ___ F.3d ___, No. 15-3607, 2017 WL 3474266 (7th Cir. Aug. 14, 2017), Chief Judge Diane Wood wrote the opinion of a unanimous panel of the Seventh Circuit affirming the grant of summary judgment against former cosmetology students who alleged they were employees of their cosmetology schools when they 1) were practicing skills on paying members of the public and 2) were performing “menial tasks,” such as sanitation, greeting guests and selling products. The Northern District of Illinois had granted summary judgment against the students, and this appeal followed.