Tech Mahindra (Americas) Inc. v. Lee Williams

When a party fails to obtain the leave of court necessary to file an amended complaint under Rule 15 of the Federal Rules of Civil Procedure, does the attempted filing of that amended complaint provide a basis for equitable tolling of a statute of limitations, as the Third and Sixth Circuits have held, or is the attempted filing treated as a legal nullity, as the Second, Fourth, Fifth, and Seventh Circuits have held?

When a plaintiff unsuccessfully attempts to pursue claims in an improper forum within the statute of limitations, and later re-files in an appropriate forum after the limitations period has expired, does the so-called “wrong-forum tolling” doctrine allow a court to consider not only the plaintiff ’s untimely individual claims but also the untimely claims of an entire class whom that plaintiff seeks to represent, notwithstanding the failure of the other class members to pursue their claims diligently?