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Christensen v. Philip Morris USA Inc.6/8/2005
Conn. Super. Ct. 1980) (noting that in class action lawsuits "the statute [of limitations] is tolled from the time the complaint was filed until the decision on class certification is made"); Pope v. Intermountain Gas Co., 646 P.2d 988, 1010 n.28 (Idaho 1982) (citing American Pipe to support the court's determination that the statute of limitations for class action members' claims was tolled during the pendency of the class action); Munsterman v. Ill. Agric. Auditing Ass'n, 435 N.E.2d 923, 925-26 (Ill. 1982) (citing American Pipe and agreeing that the plaintiff's action was tolled during the pendency of a class action; the statute of limitations clock restarted when the class action was dismissed); Arnold v. Dirrim, 398 N.E.2d 426, 439-40 (Ind. Ct. App. 1979) (citing American Pipe and determining that filing of amended complaint, which sought to bring class action, constituted filing by all persons subsequently found to be class members, so that certain class members were not barred by statute of limitations); Lucas v. Pioneer, Inc., 256 N.W.2d 167, 180 (Iowa 1977) (holding that "claims of parties properly members of the class, who timely intervene in the proceedings below ...., shall be deemed brought, for limitation purposes, when the appropriate defendant was legally served in the original litigation"); Waltrip v. Sidwell Corp., 678 P.2d 128, 133 (Kan. 1984) (holding that "the right of all putative members of a proposed class in an action filed pursuant to [Kansas's class action rule of civil procedure] to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action"); Warren Consol. Sch. v. W.R. Grace & Co., 518 N.W.2d 508, 511 (Mich. Ct. App. 1994) ("Where class certification is later denied, the commencement of a class action suspends the applicable period of limitation with respect to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"); Carlson v. Indep. Sch. Dist. No. 283, 370 N.W.2d 51, 55 (Minn. Ct. App. 1985) (citing American Pipe and explaining that " ase law is clear that tolling starts with the filing of the action and continues until certification of the class"); Hyatt Corp. v. Occidental Fire & Cas. Co. of N.C., 801 S.W.2d 382, 389 (Mo. Ct. App. 1990) (determining that class action complaints "tolled the statute of limitations on behalf of all putative [firefighters], including those who subsequently filed their own actions or settled individual claims during the pendency of" a pre-existing class action); White v. Violent Crimes Comp. Bd., 388 A.2d 206, 211 (N.J. 1978) (citing American Pipe and holding that, "in the case of a statutorily created right, a `substantive' limitation period may appropriately be tolled in a particular set of circumstances if the legislative purpose underlying the statutory scheme will thereby by effectuated"); Yollin v. Holland Am. Cruises, Inc., 468 N.Y.S.2d 873, 875 (N.Y. App. Div. 1983) (citing American Pipe and holding that "the timely commencement of the action by plaintiff ... satisfied the purpose of the contractual limitation period as to all persons who might subsequently participate in the suit as members of a class"); Bergquist v. Int'l Realty, Ltd., 537 P.2d 553, 561 (Or. 1975) (adopting the rule set forth in American Pipe); Mun. Auth. of Westmoreland County v. Moffat, 670 A.2d 747, 749 (Pa. Commw. Ct. 1996) (citing American Pipe and concluding that limitations was tolled "during the pendency of the class action"); Bara v. Major Funding Corp. Liquidating Trust, 876 S.W.2d 469, 472-73 (Tex. Ct. App. 1994) (holding that where state attorney general files suit "on behalf of a specified group of individuals, that suit qualifies as a de f
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