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Class Members Appeals Putative Class Actions

Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Katten Muchin Rosenman LLP

Tackling the Unexecuted Damages Model Dilemma When Opposing Class Certification – Ninth Circuit Decision Offers Important Insights

Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages are susceptible to...more

Goodwin

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

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On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Foley & Lardner LLP

Appeals Court Says No FLSA Notice for Employees Who Agree to Arbitrate

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On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a new standard by which a district court should evaluate whether notice of an FLSA collective action should be sent to employees who may be...more

Pierce Atwood LLP

In re Celexa And Lexapro – The First Circuit Weighs In On China Agritech And American Pipe Tolling

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The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. ...more

Sheppard Mullin Richter & Hampton LLP

Class Size Doesn’t Matter—Seventh Circuit Holds That Federal Law Bars Private Securities Class Actions Brought Under State Law...

In Nielen-Thomas v. Concorde Investment Servs., LLC, No. 18-2875, 2019 WL 302766 (7th Cir. Jan. 24, 2019), the United States Court of Appeals for the Seventh Circuit held that the Securities Litigation Uniform Standards Act...more

Hinshaw & Culbertson LLP

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

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

Amundsen Davis LLC

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

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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

Mayer Brown Free Writings + Perspectives

Pending Class Action Does Not Toll Statute of Limitations

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

Seyfarth Shaw LLP

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

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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

Cadwalader, Wickersham & Taft LLP

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

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

Bracewell LLP

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

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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

McGuireWoods LLP

Supreme Court Rejects Tolling for Copycat Class Actions

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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

Pillsbury Winthrop Shaw Pittman LLP

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

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

Jones Day

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

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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

BakerHostetler

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

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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

Fox Rothschild LLP

New Supreme Court Class Action Ruling A Boon For Employers

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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

Kelley Drye & Warren LLP

Supreme Court Reduces Exposure to Successive Class Actions

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

Dechert LLP

Supreme Court Limits American Pipe Tolling for Successive Class Actions

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In China Agritech, Inc. v. Resh, the Supreme Court of the United States held that the filing of a class action complaint does not toll a statute of limitations period for later-filed class actions raising the same claims. The...more

Seyfarth Shaw LLP

Supreme Court Rules That Class Actions Do Not Toll the Limitations Period For Successive Class Actions

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

King & Spalding

U.S. Supreme Court Holds American Pipe Does Not Permit Repeat Filing of Class Claims After Limitations Period

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The United States Supreme Court’s June 11, 2018 decision in China Agritech, Inc. v. Resh, clarified the scope of a decades-old equitable tolling rule for class actions, holding that the Court’s 1974 opinion in American Pipe &...more

Foley & Lardner LLP

China Agritech: The Supreme Court Ends Class Action “Stacking”

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This week, in the closely watched case of China Agritech v. Resh, the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe decision do not...more

Jackson Walker

Supreme Court Holds That American Pipe Tolling Does Not Apply to Successive Class Actions

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Justice Ginsburg delivered the opinion of the Court in China Agritech, Inc. v. Resh, No. 17-342, in which Chief Justice Roberts and Justices Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch joined. Justice Sotomayor filed...more

K&L Gates LLP

No More Zombie Class Actions: Supreme Court Stops Class Members from Filing Successive Class Claims after Expiration of...

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The U.S. Supreme Court has ruled that a plaintiff cannot file a class action outside the applicable statute of limitations merely because an unsuccessful prior class action tolled the limitations period for individual claims....more

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