News & Publications

New York Court Of Appeals Recognizes Cross-Jurisdictional American Pipe Tolling Under State Law

In a pair of decisions decided approximately 40 years ago, the Supreme Court of the United States held that the commencement of a putative class action lawsuit in federal court tolls the running of the statute of limitations applicable to federal claims for all purported members of the class until entry of an order denying class certification or otherwise dismissing the litigation. See American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974); Crown, [...]

Federal Appeals Court Upholds Hospital Price Transparency Rule

Just three days before its effective date, the United States Court of Appeals for the District of Columbia affirmed the legality of the Department of Health and Human Services ("HHS") price transparency rule requiring hospitals to publicly disclose the prices they charge for items and services, including their negotiated reimbursement rates with third-party payers (the "Hospital Price Transparency Rule"). The rule is effective on January 1, 2021. Legal Challenge Update Relying on the Patient Protection [...]

Supreme Court To Consider Actual Injury Requirement For Absent Class Members

Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on violations of the Fair Credit Reporting Act ("FCRA"), which was upheld by a divided Ninth Circuit panel. The Supreme Court's order accepts the following Question Presented for review: "Whether either Article III or Rule 23 permits a damages class [...]