College Corp. v. W.R. Grace & Co., the Eighth Circuit stated, There is some question whether a putative class member can enjoy the benefits of tolling merely by opting out, even though the class action is still pending. The Supreme Court, in dicta has intimated as much, even though that is not the language of American Pipe or Crown, Cork & Seal. 999 F.2d 326, 332 n. 6 (8th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 926, 127 L.Ed.2d 218 (1994). But see Adams Public Sch. Dist. v. Asbestos Corp., Ltd., 7 F.3d 717, 719 n. 1 (8th Cir.1993) (“The fact that this participation ended with a decision to ‘opt out’ rather than with denial of class certification is irrelevant to the applicability of the American Pipe rule.”); Tosti v. City of Los Angeles, 754 F.2d 1485, 1488 (9th Cir.1985) (<HOLDING>). In this diversity suit, a federal court must
holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint holding that no class member may opt out of a rule 23b1 class action holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class recognizing cause of action by class member against class counsel for negligence in providing notice holding that limitations period begins running anew from the date when the class member exercises the right to opt out because before this time the class member is deemed to be actively prosecuting her rights