tolling principle (Pennsylvania) · Go Syfert
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tolling principle in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1985–1992 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Schmucker v. Nauglegreen
pa · 1967 · cited in 4 Pennsylvania opinions naming this issue, 1987–1992
2 sentences

1992Those policy judgments include a belief that defendants should be protected against the prejudice of having to defend against stale claims, Insurance Company of North America v. Carnahan, 446 Pa. 48, 51 , 284 A.2d 728, 729 (1971), as well as the notion that, at some point, claims should be laid to rest so that security and stability can be restored to human affairs, Schmucker v. Naugle, 426 Pa. 203, 205-206 , 231 A.2d 121, 123 (1967).

1992Those policy judgments include a belief that defendants should be protected against the prejudice of having to defend against stale claims, Insurance Company of North America v. Carnahan, 446 Pa. 48, 51 , 284 A.2d 728, 729 (1971), as well as the notion that, at some point, claims should be laid to rest so that security and stability can be restored to human affairs, Schmucker v. Naugle, 426 Pa. 203, 205-206 , 231 A.2d 121, 123 (1967).

44
Insurance Co. of North America v. Carnahangreen
pa · 1971 · cited in 4 Pennsylvania opinions naming this issue, 1987–1992
2 sentences

1992Those policy judgments include a belief that defendants should be protected against the prejudice of having to defend against stale claims, Insurance Company of North America v. Carnahan, 446 Pa. 48, 51 , 284 A.2d 728, 729 (1971), as well as the notion that, at some point, claims should be laid to rest so that security and stability can be restored to human affairs, Schmucker v. Naugle, 426 Pa. 203, 205-206 , 231 A.2d 121, 123 (1967).

1992Those policy judgments include a belief that defendants should be protected against the prejudice of having to defend against stale claims, Insurance Company of North America v. Carnahan, 446 Pa. 48, 51 , 284 A.2d 728, 729 (1971), as well as the notion that, at some point, claims should be laid to rest so that security and stability can be restored to human affairs, Schmucker v. Naugle, 426 Pa. 203, 205-206 , 231 A.2d 121, 123 (1967).

44
Crown, Cork & Seal Co. v. Parkergreen
scotus · 1983 · cited in 4 Pennsylvania opinions naming this issue, 1985–1987
2 sentences

1987The tolling rule of American Pipe is a generous one, inviting abuse.” 462 U.S. at 354 , 103 S.Ct. at 2398 , 38 L.Ed.2d at 636 .

1987The tolling rule of American Pipe is a generous one, inviting abuse.” 462 U.S. at 354 , 103 S.Ct. at 2398 , 38 L.Ed.2d at 636 .

14
Chevalier v. Baird Savings Ass'ngreen
paed · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986
1 sentence

1986Similarly, the federal district court in Chevalier v. Baird Savings Association, 72 F.R.D. 140, 154 (E.D.Pa.1976), following the reasoning of Haas , concluded that extending the tolling rule of American Pipe in such a situation would satisfy both the policy of preventing needless intervention in class actions and of notifying defendants of the substantive claims that might later be brought against them.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
American Pipe & Construction Co. v. Utah green
scotus · 1974
2 sentences

1987The tolling rule of American Pipe is a generous one, inviting abuse." 462 U.S. at 354 , 103 S.Ct. at 2398 , 38 L.Ed.2d at 636 .

1987The tolling rule of American Pipe is a generous one, inviting abuse.” 462 U.S. at 354 , 103 S.Ct. at 2398 , 38 L.Ed.2d at 636 .

31986–1987
Cunningham v. INS. CO. OF NORTH AMER. green
pa · 1987
2 sentences

1992Co. of N.A., 515 Pa. 486 , 530 A.2d 407 (1987), the Court said: Statutes of limitations embody important policy judgments that must be taken into account in determining the scope of application of the tolling principle.

1992Co. of N.A., 515 Pa. 486 , 530 A.2d 407 (1987), the Court said: Statutes of limitations embody important policy judgments that must be taken into account in determining the scope of application of the tolling principle.

11992–1992
Alessandro v. State Farm Mutual Automobile Insurance green
pa · 1979
2 sentences

1986In Alessandro v. State Farm Mutual Automobile Insurance Co., 487 Pa. 274 , 279 n. 9, 409 A.2d 347 , 350 n. 9 (1979), the Supreme Court, citing American Pipe, noted via dicta that members of a class which is subsequently decerti-fied “will not be barred by the statute of limitations, as it is suspended during the time they are allegedly parties to the class action.” Similarly, a panel of this Court, in Kruth v. Liberty Mutual Insurance Co., 346 Pa.Super. 147 , 499 A.2d *590 354 (1985), adopted the tolling principle of American Pipe in a factual context which is similar, although not identical,

1986In Alessandro v. State Farm Mutual Automobile Insurance Co., 487 Pa. 274 , 279 n. 9, 409 A.2d 347 , 350 n. 9 (1979), the Supreme Court, citing American Pipe, noted via dicta that members of a class which is subsequently decerti-fied “will not be barred by the statute of limitations, as it is suspended during the time they are allegedly parties to the class action.” Similarly, a panel of this Court, in Kruth v. Liberty Mutual Insurance Co., 346 Pa.Super. 147 , 499 A.2d *590 354 (1985), adopted the tolling principle of American Pipe in a factual context which is similar, although not identical,

11986–1986
Kruth v. Liberty Mutual Insurance green
pa · 1985
1 sentence

1986In Alessandro v. State Farm Mutual Automobile Insurance Co., 487 Pa. 274 , 279 n. 9, 409 A.2d 347 , 350 n. 9 (1979), the Supreme Court, citing American Pipe, noted via dicta that members of a class which is subsequently decerti-fied “will not be barred by the statute of limitations, as it is suspended during the time they are allegedly parties to the class action.” Similarly, a panel of this Court, in Kruth v. Liberty Mutual Insurance Co., 346 Pa.Super. 147 , 499 A.2d *590 354 (1985), adopted the tolling principle of American Pipe in a factual context which is similar, although not identical,

11986–1986

Where else courts name it

CA 69 (1974–2025) TX 60 (1992–2026) DE 24 (2009–2026) FL 17 (1986–2026) MD 15 (2005–2025) NY 14 (1990–2024) IL 12 (1993–2015) TN 11 (1998–2025) WI 11 (1988–2025) MI 9 (1976–2023) GA 9 (2006–2025) OK 7 (1959–2024) MA 7 (1988–2025) OH 7 (1978–2022) AK 6 (1984–2017) PA 6 (1985–1992) NJ 6 (1978–2025) DC 6 (1991–2000) NM 6 (1978–2025) CT 6 (1997–2019) NV 5 (2012–2019) IA 5 (2011–2024) IN 4 (1994–2015) WA 4 (1999–2023) AZ 4 (1996–2020) OR 4 (1997–2024) LA 3 (2010–2021) KY 3 (2009–2022) ID 3 (1993–2009) KS 3 (1984–2012) ME 3 (2010–2019) UT 3 (1999–2018) VA 2 (2017–2024) MT 2 (2014–2014) MN 2 (1984–2026) WV 2 (1997–2019) HI 2 (1998–2015) VT 2 (2005–2012) VI 2 (2000–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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