Category Archives J. Lungstrum

When a claim appears doomed by the statute of limitations, some plaintiffs reach for the pipe, American Pipe that is. Under the American Pipe tolling doctrine, the commencement of a class action tolls the limitation period for claims later brought by absent class members.  In practice, this means an absent class member may pursue an individual action if class certification is denied without worrying about whether the limitations period is blown. But will American Pipe toll the limitations period if the named plaintiff in the class action does not (or did not) have standing to assert the particular claim in the individual action brought by the absentee class member? The Tenth Circuit hasn't addressed this question.  But Judge Lungstrum recently did, and answered it "yes" --- adopting the majority rule that the named plaintiff's standing is not necessarily required for American Pipe tolling. Nat'l Credit Union Admin. Bd. v. Credit…

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