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

13 Pages Posted: 23 Jun 2017 Last revised: 1 Jul 2017

See all articles by David Freeman Engstrom

David Freeman Engstrom

Stanford Law School

Jonah B. Gelbach

University of California, Berkeley - School of Law

Date Written: March 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

Suggested Citation

Engstrom, David Freeman and Gelbach, Jonah B., American Pipe Tolling, Statutes of Repose, and Protective Filings: An Empirical Study (March 2017). 69 Stanford Law Review Online 92 (2017), Stanford Public Law Working Paper, U of Penn Law School, Public Law Research Paper No. 17-26, Available at SSRN: https://ssrn.com/abstract=2991384

David Freeman Engstrom (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Jonah B. Gelbach

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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