Today the Supreme Court held in China Agritech, Inc. v. Resh (pdf) that the filing of a putative class action does not delay the time for others to file their own successive class action lawsuits. The decision should give businesses confidence that they will not face an endless series of class actions over the same conduct.
Continue Reading Supreme Court Holds In China Agritech That American Pipe’s Equitable Tolling Rule Does Not Extend To Successive Class Actions
China Agritech Inc. v. Resh
Supreme Court hears oral arguments over whether successive class actions can be filed after the expiration of the statute of limitations
By Archis A. Parasharami on
Posted in U.S. Supreme Court
This morning I attended the oral argument in China Agritech, Inc. v. Resh (PDF). The case arises against the backdrop of the long-standing rule declared in American Pipe and Construction Co. v. Utah (1974) that the filing of a putative class action tolls the time for absent class members to bring individual claims while the case remains pending as a potential class action. The question in China Agritech is whether American Pipe’s equitable tolling rule applies beyond the context of individual actions and also allows absent class members to file a successive putative class action after the statute of limitations period has run.
Continue Reading Supreme Court hears oral arguments over whether successive class actions can be filed after the expiration of the statute of limitations