United States Third Circuit

Under American Pipe v. Utah, 414 U.S. 538 (1974), tolling can be applied to the filing of a new class action where certification was denied in the prior suit based on the lead plaintiffs' deficiencies as class representatives, however, this tolling does not apply where certification was denied based on deficiencies in the purported class itself.

Appellate Information

• Argued 06/16/2004
• Decided 12/15/2004
• Published 12/15/2004

Judges

• Before ALITO, SMITH, Circuit Judges and DUBOIS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Allyn Z. Lite, Lite DePalma Greenberg & Rivas, LLC, Newark, NJ, Robert M. Kornreich, Carl L. Stine, (Argued), Wolf Popper LLP, New York, NY, for Appellants.


• For Appellees:
  
• J. David Dantzler, Jr., (Argued), J. Timothy Mast, Thuy N. Vu, McKenna Long & Aldridge LLP, Atlanta, GA, William B. McGuire, Marianne M. DeMarco, Tompkins, McGuire, Wachenfeld & Barry, Newark, NJ, for Appellees.