Luis Antonio Aguilar Marquinez, Plaintiffs Below, Appellant v. the Dow Chemical Company, Defendants…

Summary

The Court held that a prior federal dismissal on forum non conveniens grounds, coupled with a return-jurisdiction clause and a denial of pending motions as moot, did not clearly and finally terminate cross-jurisdictional class-action tolling. Tolling ended only when a Texas state court expressly denied class certification on June 3, 2010. The Court answered the certified question in the negative and directed that its opinion be transmitted to the certifying court.