Putative Class Action Tossed As Time-Barred

Last week, in Abdallah v. Bain Capital LLC, United States District Judge Joseph L. Tauro of the District of Massachusetts dismissed a putative class action lawsuit against Bain Capital LLC because the action was time-barred. As often happens when class action complaints are based on events occurring outside the relevant limitations periods, plaintiffs' counsel attempted to avoid dismissal by invoking the discovery rule, the fraudulent concealment doctrine, and equitable estoppel. The court's analysis in rejecting each of plaintiff's theories on a Rule 12(b)(6) motion demonstrates the potential value of challenging plaintiffs' tolling arguments at the earliest opportunity where they are not supported by specific factual allegations.