When a First-Filed Class Action Tolls Claims for a Second

October 15, 2025  |  New York Law Journal

Southern District Judge Vernon S. Broderick’s ruling in Mbadiwe v. Amazon.com Inc. tackles unresolved questions around tolling in class actions, particularly the application of American Pipe and cross-jurisdictional tolling to state law claims. Plaintiffs brought a class action asserting state law claims after another class action was filed in the Western District of Washington based on similar claims, but before class certification was resolved in the Western District action. Judge Broderick held that American Pipe tolling could be available in the later-filed class action and adopted the presumption that states recognizing American Pipe would also allow cross-jurisdictional tolling unless state-specific factors suggest otherwise. In their latest article for the NYLJ, “When a First-Filed Class Action Tolls Claims for a Second,” Morvillo Abramowitz partners Edward M. Spiro and Christopher B. Harwood explore how Judge Broderick navigated the complex interplay between American Pipe tolling, cross-jurisdictional tolling, and state limitations periods.

When a First-Filed Class Action Tolls Claims for a Second