A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of cross-jurisdictional tolling. The case involves claims of injuries allegedly caused by the use of dibromochloropropane (DBCP”) on plantations in several Latin American countries. A first putative DBCP class action was filed in Texas state court in 1993, was ... Keep Reading »
Search Results for: American Pipe
Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely
On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the Supreme Court held that American Pipe tolling does not apply to the federal securities laws' statutes of repose. On Aug. 2, 2017, the Third Circuit decided an appeal in which the same issue was implicated. Naturally, it followed the ANZ ... Keep Reading »
Sixth Circuit Affirms Class Certification in TCPA Case
The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products engaged Business to Business Solutions (B2B), a “fax-blasting” company, to transmit approximately 10,000 faxes advertising a pipe-thread sealing tape product. American Copper & Brass, a Michigan-based equipment wholesaler with no preexisting ... Keep Reading »