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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: October 26, 2019

Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling

On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in Tobias Bermudez Chavez v. Occidental Chem. Corp., etc., 2019 NY Slip Op. 78361:

(1) whether New York law recognizes ʺcross‐jurisdictional class action tolling,ʺ i.e., tolling of a New York statute of limitations by the pendency of a class action in another jurisdiction; and (2) whether, under New York law, a non‐merits dismissal of class certification can terminate class action tolling, and if so, whether the Orders at issue did so.

The Second Circuit’s decision is available here.

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