A Guide To Determining Class Claim Time Bars

Orrick’s Marc Shapiro and Shane McCammon co-authored an article in Law360 addressing the often misunderstood issue of class action tolling in federal diversity cases. Attorneys often presume American Pipe tolling automatically applies in federal diversity cases. Most circuits recognize it does not; state law controls and not all states recognize class action tolling or provide for cross-jurisdictional class action tolling. The analysis can be quite complicated in mass joinders or class actions where multiple state laws are implicated. The authors explain that with a wave of coronavirus-related class actions having recently been filed, understanding these tolling rules are even more critical now. They’ve also created a table breaking down how each jurisdiction treats class action tolling.