Tobias Bermudez Chavez v. Occidental Chemical Corp.

Sack, Circuit Judge:

This appeal presents two state-law questions that neither this Court nor New York's courts have addressed: (1) whether New York law recognizes "cross-jurisdictional class action tolling," i.e., tolling of a New York statute of limitations by the pendency of a class action in another jurisdiction; and (2) whether a non-merits dismissal of class certification can terminate class action tolling, and if so, whether the Orders at issue here, which include a "return jurisdiction" clause, did so where the plaintiffs filed a motion to reinstate their claims within six months of…