Warren Consolidated Schools v. W. R. Grace & Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• no tolling under Michigan law because plaintiff would not have been able to continue as party in original class action
• “A plaintiff need not be able to prove each element of the claim, nor may the claim be held in abeyance indefinitely until the plaintiff obtains professional assistance to determine the existence of the claim.”
• “there is no public policy reason to allow a plaintiff to enjoy the tolling benefit of a class action in which it chose not to join, and to file an otherwise stale cause of action.”
• “Plaintiff has failed to persuade us that the American Pipe rule should be extended to the situation where, as here, the class is certified and the plaintiff elects to pursue its own case.”
• “Where class certification is later denied, the commencement of a class action suspends the applicable period of limitation with respect to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action”
• “[W]here it appears that the cause of action is prima facie barred, the burden of proof is upon the party seeking to enforce the cause of action to show facts taking the case out of the operation of the statute of limitations^]”

Source: CourtListener parenthetical corpus (CC0).