News & Analysis as of September 19, 2024

Supreme Court of the United States › Tolling

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

Carlton Fields on 8/8/2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

SCOTUS Set to Decide whether FDCPA’s Statute of Limitations is Tolled by “Discovery Rule”

Smith Debnam Narron Drake Saintsing & Myers,... on 10/4/2019

The FDCPA requires that any lawsuit must be brought, if at all, “within one year from the date on which the violation” of the act occurs. 15 U.S.C. § 1692k(d). The US Supreme Court will hear argument this month in Rotkiske v....more

Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators

Dorsey & Whitney LLP on 5/16/2019

On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more

U.S. Supreme Court’s Decision in China Agritech May Limit The Availability of Class-Action Tolling For Litigants That File Suit...

Patterson Belknap Webb & Tyler LLP on 11/13/2018

On June 11, 2018, the U.S. Supreme Court issued its opinion in China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018). The China Agritech decision resolved a circuit split, finding that the statute of limitations for a...more

Supreme Court Rules That Successive Class Actions Are Not Tolled Under American Pipe

A&O Shearman on 6/13/2018

On June 11, 2018, the Supreme Court of the United States held that the tolling rule first stated in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) cannot salvage otherwise-untimely successive class claims. ...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 6/12/2018

Germany’s diesel emissions scandal bears a lot of resemblances to the Wells Fargo debacle here at home. It just can’t seem to quit itself. This week, we’ve learned that German authorities have opened a criminal inquiry into...more

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

Jackson Lewis P.C. on 6/12/2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

China Agritech, Inc. v. Resh: Supreme Court Stops Potentially Never-Ending Statute of Limitations, Finds American Pipe Does Not...

Locke Lord LLP on 6/12/2018

The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

Pillsbury - Gravel2Gavel Construction & Real... on 6/12/2018

The U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later...more

Supreme Court Decides China Agritech, Inc. v. Resh

Faegre Drinker Biddle & Reath LLP on 6/12/2018

On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more

Of Pipes and Crowns: The Supreme Court Considers Extent of Tolling of Statute of Limitations in Putative Class Actions

K&L Gates LLP on 5/15/2018

The U.S. Supreme Court recently heard argument in China Agritech Inc. v. Resh, presenting, yet again, the question of the extent to which a statute of limitations is tolled while a putative class action is pending....more

Supreme Court Considers an Expansion of Class-Action Tolling

Patterson Belknap Webb & Tyler LLP on 5/10/2018

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

Supreme Court Holds That the Tolling Statute Applicable to State Law Claims Subject to Federal Supplemental Jurisdiction Stops the...

White and Williams LLP on 4/12/2018

Under 28 U.S.C. § 1367(a), a plaintiff may bring strictly state-based claims in federal district court if they are related to a claim over which the district court has original jurisdiction. This is more commonly known as...more

United States Supreme Court Considers Application Of American Pipe Tolling To Subsequent Class Actions

A&O Shearman on 4/3/2018

On Monday, March 26, 2018, the United States Supreme Court heard oral argument in an appeal that presents the question whether American Pipe tolling—which provides that the pendency of a class action generally tolls the...more

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

Foley & Lardner LLP on 4/2/2018

As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more

Will The Supreme Court Allow Class Action Stacking?

Foley & Lardner LLP on 3/30/2018

Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

SCOTUS Gives Pendent State Law Claims New Life in Artis v. District of Columbia

Blank Rome LLP on 2/12/2018

Recently, in Artis v. District of Columbia, the Supreme Court ruled on the nagging question of how long a plaintiff has to refile a pendent state law claim in state court after it has been dismissed by a federal court. The...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Supreme Court Rules Pending Federal Action Stops the Clock on State Limitation Periods

Jones Day on 1/30/2018

On January 22, 2018, the U.S. Supreme Court held in Artis v. District of Columbia, No. 16-640, that 28 U.S.C. § 1367(d) suspends the statutes of limitations on state law claims while those claims are pending in federal court....more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Supreme Court Takes its Toll: Holds that Statute of Limitations for State Claims Stops While in Federal Court

Proskauer - Minding Your Business on 1/29/2018

On January 22, 2017, the U.S. Supreme Court issued its first 5-4 merits decision of the term in Artis v. District of Columbia. In this opinion, the Court held that bringing state claims in federal court stops the clock on the...more

No End in Sight – Prepare for Years of Litigation

Sherman & Howard L.L.C. on 1/29/2018

The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in...more

A Look Back at Significant Developments in Class Action Law in 2017

Bradley Arant Boult Cummings LLP on 1/26/2018

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

SCOTUS Stops the Clock on State Claims in Federal Court

Robins Kaplan LLP on 1/26/2018

On January 22, 2018, the Supreme Court issued a 5-4 opinion in Artis v. District of Columbia, Case No. 16-460, clarifying the application of 28 U.S.C. section 1367(d)....more

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

Foley & Lardner LLP on 1/24/2018

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

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Supreme Court of the United States › Tolling

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