Sixth Circuit: Sharon Potter v. Comm'r of Soc. Sec.

 

Denial of class certification that doesn't reach merits but instead is a case managment order associated with a stay pendng a related appeal doesn't end the tolling of statutes of limitation for absent class members, as their reliance on the class remedy and the representatives is still objectively reasonable.  

As the stay put the parties on notice of pending claims and continued reliance by absent class members was reasonable, the continued tolling serves the purpose of the statute of limitaitons and the economy of litigation.

Circuit split with Fourth flagged.

Once an uncertified class action is dismissed, tolling ceases.

Claim for equitable tolling forfeited for not being distinguished from tolling of right claim before the District Court.


https://www.opn.ca6.uscourts.gov/opinions/opinions.php