Legal Opinion
Pavlak v. Church
Court of Appeals for the Ninth Circuit
Decided July 14, 1982No. Nos. 81-3109, 81-3122PublishedCited by 14 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
The question here is whether, after certification of a Rule 23(b)(3) class is denied, a plaintiff, who was a member of the puta*618tive class, may claim that the statute of limitations was tolled pending determination of the certification motion so that she may file an independent suit. Plaintiff, the appellant here, contends that under American Pipe and Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), the statute of limitations is tolled to give her such an opportunity. We disagree. American Pipe permitted a toll of the statute of limitations…
2Cases cited16 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Hanna v. PlumerSupreme Court of the United States · 1965
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Michael Collins v. Village of Palatine, IllinoisCourt of Appeals for the Seventh Circuit · 2017
- Rose v. Arkansas Valley Environmental & Utility AuthorityDistrict Court, W.D. Missouri · 1983
- Robbin v. Fluor Corp.Court of Appeals for the Ninth Circuit · 1987
- In re Fine Paper Antitrust LitigationCourt of Appeals for the Third Circuit · 1982
9 more not listed; retrieve them via the Exa API.