3rd Circuit: Earlier State Suit Didn’t Toll TCPA Claims In Federal Suit

Mealey's (December 6, 2018, 12:52 PM EST) -- PHILADELPHIA — A doctor’s initial class complaint filed in a Pennsylvania state court involving the same claims under the Telephone Consumer Protection Act (TCPA) later brought by the same doctor and his business in federal court did not toll the claims pursuant to American Pipe & Construction Co. v. Utah, a Third Circuit U.S. Court of Appeals panel ruled Nov. 27 (Ari Weitzner, et al. v. Sanofi Pasteur Inc., et al., No. 17-3188, 3rd Cir., 2018 U.S. App. LEXIS 33226)....