Jane Doe 8, et al. v. Chiquita Brands International, Inc.
CriminalProcedure ClassAction
Does American Pipe class action tolling apply to non-federal claims?
QUESTION PRESENTED In American Pipe & Construction Co. v. Utah, this Court held that “a class action suspends the applicable statute [of limitations] as to all asserted members of the class.” 414 U.S. 538, 554 (1974). The Court explained that, without such a tolling rule, class members “would be induced” to file their own “protective” suits before the certification decision to keep the clock from running out on their claims in the interim, overwhelming the courts with “needless duplication,” thereby undermining Rule 23’s animating purpose. Id. at 553-554. While all agree that a federal class action tolls the limitation period for federal-law claims, the circuits disagree whether the action also tolls the limitations period for non-federal claims. The question presented is: Does American Pipe class action tolling apply to non-federal claims?