North Carolina Business Litigation Report

Scarvey v. First Federal Savings and Loan Association, 2000 NCBC 2 (N.C. Super. Ct. )(Tennille), aff'd in part, rev'd in part, 163 N.C. App. 205, 592 S.E.2d 620 (2004)

The claims of the class plaintiff were barred by the statute of limitations. Although the statute of limitations had been tolled during the pendency of a prior class action involving the same matters, it resumed running when class certification was denied in the prior action. Tolling did not continue during the period of the appeal of the prior action. The Court adopted the "no-piggybacking" rule followed in the federal courts.

As an alternative basis for this holding, the Court found that plaintiff' was bound by the determination in the prior action that class certification was not appropriate, and that her claim for class certification was therefore barred by collateral estoppel.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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