Legal Opinion
Gomez v. ST. VINCENT HEALTH, INC.
District Court, S.D. Indiana
Decided December 16, 2008No. 2:08-cv-00153PublishedCited by 7 opinions
1Opinion of the Court
ENTRY ON DEFENDANT’S MOTION FOR PARTIAL DISMISSAL
DAVID F. HAMILTON, District Judge.
Introduction
This case presents a controversial issue regarding the tolling of statutes of limitations while putative and ultimately unsuccessful class actions are pending. It is well established that a statute of limitations is tolled for an individual claim. Several circuits have held that a statute is not tolled for purposes of a second effort to pursue a class action. As explained below, this court applies the views of the Third Circuit in McKowan Lowe & Co. v. Jasmine, Ltd., 295 F.3d 380 (3d Cir.2002), and…
2Cases cited26 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Greg and Mary Henson v. Csc Credit Services, Trans Union Corporation, and Cosco Federal Credit UnionCourt of Appeals for the Seventh Circuit · 1994
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cheryl Phipps v. Wal-Mart Stores, Inc.Court of Appeals for the Sixth Circuit · 2015
- Ladik v. Wal-Mart Stores, Inc.District Court, W.D. Wisconsin · 2013
- LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated IndividualsIndiana Court of Appeals · 2015
- Phipps v. Wal-Mart Stores, Inc.District Court, M.D. Tennessee · 2013
- Farno v. Ansure Mortuaries of Indiana, LLCIndiana Court of Appeals · 2011
2 more not listed; retrieve them via the Exa API.