A class action against an accounting firm whose former employee is alleged to have distributed nearly $6 million worth of fraudulent claims from a multidistrict litigation settlement can survive despite technically being filed outside the statute of limitations, a federal judge has ruled.

U.S. District Judge Jan DuBois of the Eastern District of Pennsylvania on Aug. 11 gave a green light to the lawsuit against Heffler, Radetich & Saitta to survive a statute of limitations challenge. The claims stem from a $490 million settlement involving a securities litigation that arose from the merger between BankAmerica Corp. and NationsBank.