No Love: Florida District Court Dismisses Class Allegations Filed As Untimely Under Eleventh Circuit’s “No-Piggyback Rule”

As discussed here, in the wake of the U.S. Supreme Court’s decertification of a nationwide class in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), former class members have filed a number of follow-on actions against Wal-Mart. We have also explained here and here that a number of district courts have dismissed these class claims as untimely.  Last week, Judge Robert Scola of the U.S. District Court for the Southern District of Florida joined the growing ranks of courts finding that members of the former Dukes class could not “piggyback” the tolling of their class claims onto the decertified Dukes class claims. However, this decision comes with a twist because Judge Scola basically invited the Eleventh Circuit to weigh in on whether the “no piggyback” rule remained valid in the wake of subsequent Supreme Court decisions.

To read this blog post click here