The U.S. Third Circuit held that American Pipe would toll the filing of successive class actions if the deficiency in the original class is based on deficiencies in the class representative, as opposed to a finding that the claims were not suitable for class treatment. Yang v. Odom, 392 F.3d 97 (3d Cir. 2004), cert. denied, 125 S.Ct. 2294 (2005).