问题描述:
英语翻译
Over six years later,in May of 2002,the three plaintiffs settled their individual claims with the defendants without ever having sought to have the class certified.The instant action was filed four months later in August of 2002.The defendants sought dismissal of the action based upon the six year statute of limitations for breach of contract and the three year statute of limitations for interference with contracts.The trial court granted the motion to dismiss,but the court of appeals reversed based upon the concept of tolling the statute of limitations when a class action complaint is pending.The Supreme Court reversed and dismissed the complaint.
For those of you who enjoy a discussion of the difference between the concepts of cross-jurisdictional tolling and intra-jurisdictional tolling I recommend the case to you.For those of you who desire a listing of state rules allowing equitable tolling during the pendency of class action in the different state courts this case is for you.Suffice to say for my purposes here,the court found that since no class was ever certified prior to the dismissal of the matter in 2002 the pending action did not toll the current plaintiffs claims for any period after the time the original plaintiffs should have sought certification of the class.In this case was it was sixty days after the filing of the complaint pursuant to a local court rule.
Over six years later,in May of 2002,the three plaintiffs settled their individual claims with the defendants without ever having sought to have the class certified.The instant action was filed four months later in August of 2002.The defendants sought dismissal of the action based upon the six year statute of limitations for breach of contract and the three year statute of limitations for interference with contracts.The trial court granted the motion to dismiss,but the court of appeals reversed based upon the concept of tolling the statute of limitations when a class action complaint is pending.The Supreme Court reversed and dismissed the complaint.
For those of you who enjoy a discussion of the difference between the concepts of cross-jurisdictional tolling and intra-jurisdictional tolling I recommend the case to you.For those of you who desire a listing of state rules allowing equitable tolling during the pendency of class action in the different state courts this case is for you.Suffice to say for my purposes here,the court found that since no class was ever certified prior to the dismissal of the matter in 2002 the pending action did not toll the current plaintiffs claims for any period after the time the original plaintiffs should have sought certification of the class.In this case was it was sixty days after the filing of the complaint pursuant to a local court rule.
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