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