11th Circ. Strikes Back at Untimely ‘Piggyback’ Class Actions
Richmond partner Alan Wingfield and associate Timothy St. George had their article – “ 11 th Circ. Strikes Back at Untimely ‘Piggyback’ Class Actions” – published in Law360 on August 10. In it, the two discuss the recent court case Ewing Industries Corporation v. Bob Wines Nursery, Inc., et al., and how it addresses and changes the landscape for a recurring and important issue in consumer class actions: how statute of limitations tolling works in the class context.
“In this case, the Eleventh Circuit’s decision adds to the split of authority as to whether tolling can be invoked for subsequent putative class actions when the initial class action was dismissed for reasons specific to the class representative (or his or her counsel), as opposed to reasons concerning the class as a whole,” the two stated in an earlier summary on the article. “This article [explores] that issue and this latest judicial development, and [argues] that Ewing Industries clarifies and changes the legal landscape, bending the law significantly in the defense direction.”