Document Type
Symposia Article
Abstract
This Comment seeks to clarify the scope of cross-jurisdictional tolling in Texas. Although both Texas and federal courts interpreting Texas law have addressed this issue, no Texas court has specifically addressed whether putative members of a class action lawsuit—which was filed in a federal court located in Texas and that asserts Texas property-related claims—can rely on the class action lawsuit to toll the statute of limitations applicable to their claims. Part I of this Comment provides a brief history of the class action tolling doctrine, specifically describing American Pipe and its progeny. Part II discusses recent Texas case law decisions on the American Pipe doctrine and their applicability when cross-jurisdictional tolling is involved. Part III briefly discusses the policy concerns behind cross-jurisdictional tolling. Part IV recommends that Texas should adopt cross-jurisdictional tolling in property-related cases, especially when the class action lawsuit is filed in a federal court located in Texas. Finally, Part V summarizes the points discussed in this Comment.
DOI
10.37419/JPL.V4.I3.5
First Page
255
Last Page
271
Recommended Citation
Andrew W. Bell,
Clarifying the Scope of Texas’s Cross-Jurisdictional Tolling Rule: An Exception for Putative Class Members With Property-Related Claims,
4
Tex. A&M J. Prop. L.
255
(2018).
Available at:
https://doi.org/10.37419/JPL.V4.I3.5