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When certification of a proposed class action is rejected due only to deficiencies in the named class representatives, courts must toll the statutes of limitations to allow different plaintiffs to bring identical claims, the 3rd Circuit has ruled. In a partial dissent, Judge Samuel A. Alito said he would have revived the claims for one of the three proposed subclasses because he believed that two of the subclasses were rejected by a lower court for "defects in the class itself."
December 16, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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