Legal Opinion
State Farm Mutual Automobile Insurance v. Boellstorff
Court of Appeals for the Tenth Circuit
Decided September 12, 2008No. 07-1241PublishedCited by 52 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This interlocutory appeal asks us to determine whether the class action tolling doctrine, originally announced by the Supreme Court in American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), applies when an individual member of a putative class pursues an independent, individual claim before the district court has decided the class certification issue but after a non-tolled statute of limitations would have run. The district court certified this question, in part, because it involves a legal question about which there is substantial…
2Cases cited38 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
33 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Albano v. Shea Homes Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 2011
- Elm Ridge Exploration Company v. EngleCourt of Appeals for the Tenth Circuit · 2013
- Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
- Genesee County Employees' Retirement System v. Thornburg Mortgage Securities TrustDistrict Court, D. New Mexico · 2011
- Starnes Canale Funeral Directors v. Regions Morgan Keegan SelectCourt of Appeals for the Sixth Circuit · 2016
47 more not listed; retrieve them via the Exa API.