United States Second Circuit

The district court's order partially denying motions to intervene by proposed intervenors is affirmed, where: 1) American Pipe & Construction Co. v. Utah's tolling rule does not apply to the three-year statute of repose in Section 13 of the Securities Act of 1933; and 2) absent circumstances that would render the newly asserted claims independently timely, neither Federal Rule of Civil Procedure 24 nor the Rule 15(c) "relation back" doctrine permits members of a putative class, who are not named parties, to intervene in the class action as named parties in order to revive claims that were dismissed from the class complaint for want of jurisdiction.

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel