United States Second Circuit

Dismissal of plaintiffs' securities actions as time-barred is vacated where plaintiffs, who were members of a class designated in a class action complaint, were protected by the doctrine of Am. Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), by tolling of their limitations period during the time that the class action was pending on their behalf, notwithstanding their filing of individual actions prior to the court's ruling on class certification.

Appellate Information

• Decided 07/26/2007
• Published 07/26/2007

Judges

• LEVAL, Circuit Judge., Before:  FEINBERG, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric Alan Isaacson (William S. Lerach, Darren J. Robbins, Michael J. Dowd, Spencer A. Burkholz, Thomas E. Egler, Joseph D. Daley, Tami Falkenstein Hennick, on the brief), Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA;  and Patrick J. Coughlin, Randi D. Bandman, Azra Z. Mehdi, on the brief, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, for Plaintiff-Appellants.


• For Appellees:
  
• Robert A. Horowitz (Toby S. Soli, on the brief), Greenberg Traurig, LLP, New York, NY, for Defendant-Appellees.