Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in ruling on a motion for class certification. This ruling solidifies a glaring...more
Takeaway: In Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), the Ninth Circuit stretched the tolling principles of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), and Crown,...more