American Pipe Tolling, Statutes of Repose, and Protective Filings: An Empirical Study

Authors

David Freeman Engstrom, Stanford Law SchoolFollow
Jonah B. Gelbach, University of Pennsylvania Carey Law SchoolFollow

Document Type

Article

Publication Date

3-2017

Abstract

This paper offers a conceptual and empirical analysis of a key issue that overhangs CalPERS v. ANZ Securities, soon to be decided by the Supreme Court. In particular, the paper offers an empirical estimate of the plausible quantity of wasteful protective filings that putative class members might make if the Court were to hold that American Pipe tolling does not apply to statutes of repose in the federal securities laws.

Keywords

American Pipe, tolling rules, civil procedure, Rule 23, empirical legal studies

Publication Title

Stanford Law Review Online

Publication Citation

69 Stanford Law Review Online 92 (2017).

Repository Citation

Engstrom, David Freeman and Gelbach, Jonah B., "American Pipe Tolling, Statutes of Repose, and Protective Filings: An Empirical Study" (2017). All Faculty Scholarship. 1760.
https://scholarship.law.upenn.edu/faculty_scholarship/1760