News & Analysis as of September 24, 2024

Putative Class Actions

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on 9/19/2024

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

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

Court Dismisses Post-SPAC Class Action for Lack of Standing

Goodwin on 5/26/2023

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York dismissed a putative securities class action against CarLotz, Inc. (CarLotz), and certain of its officers and directors on the grounds...more

Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance

Cadwalader, Wickersham & Taft LLP on 7/15/2021

The Third Circuit extended American Pipe tolling to the period before a decision on class-certification, opening a new avenue for potential class members to assert otherwise untimely individual securities claims. The Ninth...more

New York High Court Recognizes "American Pipe" Cross-jurisdictional Class Action Tolling but Dismissal Restarts the Clock

Harris Beach PLLC on 12/4/2020

Recently, the Court of Appeals of New York answered the questions certified to it by the Second Circuit in the affirmative that New York recognizes “American Pipe” (American Pipe v. Constr. Co v. Utah, 414 U.S. 538 (1974))...more

Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification

Seyfarth Shaw LLP on 4/27/2020

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not...more

Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Robinson+Cole Class Actions Insider on 2/28/2020

Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most...more

The Class Action Chronicle - Midyear Update 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 10/13/2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

For Whom the Statute Tolls: Statute of Limitations Extended in Plaintiff’s Individual TCPA Lawsuit Based on American Pipe Tolling...

Womble Bond Dickinson on 9/12/2018

The TCPA already has an ample four-year statute of limitations. But based upon a 1974 Supreme Court case called American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), that statute is extended every time a defendant...more

American Pipe Clarified: Statute of Limitations for Class Actions not tolled by a Prior Motion for Class Certification

Hinshaw & Culbertson LLP on 7/17/2018

In a unanimous decision, the United States Supreme Court held on June 11, 2018 that a pending motion for class certification does not toll the statute of limitations for the filing of a new class action lawsuit by a putative...more

Good News For Defendants: Supreme Court Rejects Tolling For Class Actions

Amundsen Davis LLC on 7/5/2018

On June 11, 2018, the Supreme Court issued its ruling in China Agritech, Inc. v. Resh, clarifying the scope of the tolling doctrine triggered by the filing of a class action. The doctrine, as established by earlier Court...more

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 7/3/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

Pending Class Action Does Not Toll Statute of Limitations

Mayer Brown Free Writings + Perspectives on 7/3/2018

The U.S. Supreme Court reached a decision in China Agritech, Inc. v. Resh holding that the equitable tolling rule does not apply to subsequently filed class action claims. ...more

Limiting Class Action Tolling: Supreme Court Rules That Filing A Class Action Does Not Toll The Limitations Period For Successive...

Seyfarth Shaw LLP on 6/22/2018

In China Agritech, Inc. v. Resh, the Supreme Court earlier this month held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive...more

Supreme Court Refuses to Extend American Pipe Tolling to Successive Class Actions

Cadwalader, Wickersham & Taft LLP on 6/22/2018

On June 11, 2018, in China Agritech, Inc. v. Resh, the United States Supreme Court held that the American Pipe tolling doctrine, which suspends the running of the statute of limitations applicable to the claims of individual...more

Supremes: No More Class Action Stacking

Manatt, Phelps & Phillips, LLP on 6/21/2018

A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous...more

In Securities Case, U.S. Supreme Court Curbs Successive Class Actions

Bracewell LLP on 6/20/2018

Last week, the United States Supreme Court reigned in plaintiffs’ ability to file new class action suits outside the statute of limitations. The Court decided in China Agritech that, following denial of class...more

Supreme Court Rejects Tolling for Copycat Class Actions

McGuireWoods LLP on 6/20/2018

Class-action plaintiffs cannot toll the statute of limitations indefinitely by filing copycat class actions until certification sticks, the U.S. Supreme Court held on Monday, June 11, in China Agritech, Inc. v. Resh. The...more

The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah

Pillsbury Winthrop Shaw Pittman LLP on 6/19/2018

The U.S. Supreme Court bars previously absent class members from bringing subsequent class actions outside the applicable limitations period. The Supreme Court’s decision in China Agritech, Inc. v. Resh cements a new limit...more

U.S. Supreme Court: Plaintiffs May Not Piggyback Successive Class Actions Beyond Statute of Limitations

Jones Day on 6/18/2018

When does time run out on filing a class action? Under the U.S. Supreme Court's seminal decisions in American Pipe & Construction Co. v. Utah and Crown, Cork & Seal Co. v. Parker, a timely class complaint tolls the statute of...more

SCOTUS: American Pipe Tolling Does Not Apply to Successive Class Actions

BakerHostetler on 6/18/2018

The Supreme Court held unanimously on June 11 that American Pipe tolling does not apply to successive class actions brought outside the statute of limitations. The case, China Agritech v. Resh, resolves a circuit split over...more

New Supreme Court Class Action Ruling A Boon For Employers

Fox Rothschild LLP on 6/18/2018

The legal world is abuzz with the ripples created by a recent US Supreme Court decision on the statute of limitations in class actions. A recent post in the Epstein Becker Wage & Hour Defense Blog makes some interesting...more

Supreme Court Reduces Exposure to Successive Class Actions

Kelley Drye & Warren LLP on 6/18/2018

On Monday, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __, 2018 WL 2767565 (2018), that the equitable tolling doctrine established by its landmark decision, American Pipe v. Utah, does...more

Can’t We All Just Tag-Along? The Supreme Court Shuts Down Untimely Class Actions

Benesch on 6/15/2018

For over forty years it has been well-known that the filing of a class action tolls the statute of limitations for all members of the putative class. This doctrine stemmed from the United States Supreme Court’s decision in...more

U.S. Supreme Court Says “No” to Plaintiff Attempts to File Repetitive Class Actions After Statute of Limitations Has Run Out

Moore & Van Allen PLLC on 6/15/2018

It is easy to overgeneralize the outcome of a legal dispute as pro-plaintiff or pro-defendant to paint a picture of which way a court is leaning and who is finding favor. This week, the U.S. Supreme Court issued its second...more

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Statute of Limitations › Class Action › Putative Class Actions

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