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ARTICLE · 30 OCTOBER 2020

New York Recognizes Some Cross-Jurisdictional Class Action Tolling

We don't like class action tolling. We don't think that plaintiffs should be rewarded for filing a meritless class action (or any other meritless act) with a potentially broad and lengthy...

United StatesLitigation, Mediation & Arbitration

We don't like class action tolling.  We don't think that plaintiffs should be rewarded for filing a meritless class action (or any other meritless act) with a potentially broad and lengthy exemption from the relevant statute of limitations.  We particularly don't like cross-jurisdictional class action tolling, which makes a state's enforcement of its own statute of limitations dependent on the whims of any plaintiff's filing anywhere in the country, particularly where some courts can take their sweet time in deciding pending motions.  We have expressed our displeasure with such tolling  here,  here,  here, and most recently  here.  We have even maintained a " scorecard" on this relatively esoteric subject.

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