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In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND.
Based on the facts before it, the Supreme Court in
American Pipe limited the tolling of absent class member claims in at least two ways: (1) to cases in which class certification had been denied and (2) to cases in which the denial of class certification was
not for lack of standing by the named plaintiff.
American Pipe, 414 U.S. at 552–53. While
American Pipe noted these limitations, courts have struggled with both restrictions because they can appear to lead to inequitable results and be inconsistent with the reasoning behind
American Pipe. This has led some courts to allow tolling in both exceptions: cases without denial of class certification and case in which dismissal was based on the named plaintiff’s lack of standing. This has created conflict among lower courts.
In a recent opinion, three classes of plaintiffs were certified who allege that KIND LLC, the manufacturer of KIND Bars, deceptively marketed several products as all-natural and non-GMO, even though they contain synthetic and genetically modified ingredients.