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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, July 10, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will discuss opportunities and challenges created by both federal and state tolling rules in light of shrinking federal standing. The program will review controlling cases on tolling of claims during the pendency of a federal class action, cross-jurisdictional tolling, and what both plaintiffs and defendants need to know in order to preserve claims or prevent serial class actions.

Description

In the lengthy time it takes federal courts to determine standing, define the class, and decide certification, claims of absent class members could expire. Fortunately, statutes of limitations are tolled "until class certification is denied" under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) and China Agritech Inc. v. Resh, 138 S. Ct. 1800 (2018). At that point, class members would be free to proceed with their own individual cases, intervene in another class action, or attempt a class action under state law.

Nonetheless, state tolling rules and cross-jurisdictional tolling issues also affect and complicate the continued viability of potential claims. Recently courts have had to consider what happens when, instead of denying certification, the court does something else, like narrows the class to exclude certain class members or transfers the proposed class action into an MDL. Can excluded class members rely on tolling at all, and if so, for how long? Does American Pipe apply if the class action is abandoned?

Listen as this panel of experienced class action counsel discusses whether absent class members whose claims may have expired while a federal class action was pending can refile their class claims in state court, how lower courts interpret the fundamental Supreme Court tolling decisions, state law, cross-jurisdictional tolling, and state-specific saving statutes--all of which are in flux.

Outline

I. Overview of federal class action tolling

II. Identifying which claims are and are not tolled by filing of class action

III. Tolling effect of class actions when multiple state law and federal claims are asserted in the class action

IV. Effect of no certification, obviously defective class actions, decertification

V. Application of tolling to statutes of repose

Benefits

The panel will review these and other pivotal issues:

  • What is the scope of China Agritech Inc. v. Resh?
  • Does a cause of action exist if no one has standing to assert it?
  • How do cross-jurisdictional tolling rules affect the analysis?
  • What are the best strategies for plaintiffs and defendants?