Other circuits have in previous cases distinguished Eleventh Circuit precedent, holding that it doesn't deny tolling when the first class action failed to achieve certification because of the inadequacy of the class representative or some other reason that is not based on the unsuitability of the claims themselves for class treatment. Those courts (including the Third, Sixth, Seventh and Ninth CIrcuits) have held that the so-called American Pipe tolling rule allows a follow-on class to benefit from the tolling effect of an earlier putative class action when the defect in the first action was something other than that the class was inherently uncertifiable.
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