News & Analysis as of

Putative Class Actions

Carlton Fields

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

by Carlton Fields on

Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more

Weiner Brodsky Kider PC

Supreme Court Limits American Pipe Tolling to Individual Claims

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently held that its prior ruling in American Pipe & Constr. Co. v. Utah (1974) did not allow the filing of successive class actions following the denial of class certification and after the statute...more

Manatt, Phelps & Phillips, LLP

Supremes: No More Class Action Stacking

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

Shipman & Goodwin LLP

Supreme Court Rules Tolling Does Not Save Untimely Successive Class Actions

by Shipman & Goodwin LLP on

Last week, in a win for employers facing class action lawsuits, the Supreme Court unanimously ruled that statute of limitations tolling does not save absent class members’ untimely successive class actions. China Agritech,...more

Bracewell LLP

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

by Bracewell LLP on

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

Seyfarth Shaw LLP

Fourth Circuit Finds Insurer Not Liable For Employer’s Mistake.

by Seyfarth Shaw LLP on

The Fourth Circuit found in favor of an insurer on a claim for life insurance benefits, finding the insured’s failure to submit the required evidence of insurability was not excused by his employer having wrongly deducted...more

Akerman LLP - Health Law Rx

Per se versus ‘Rule of Reason’ Standard: Judge in Blue Cross Antitrust MDL Proceeding Certifies His Decision For Interlocutory...

by Akerman LLP - Health Law Rx on

In a somewhat unexpected but highly significant move, United States District Judge David Procter (Northern District of Alabama), who is presiding over the In re Blue Cross Blue Shield Antitrust Litigation (Case No....more

McGuireWoods LLP

Supreme Court Rejects Tolling for Copycat Class Actions

by McGuireWoods LLP on

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

Proskauer - Advertising Law

Federal “Spring Water” Standards Runneth Over State Claims

by Proskauer - Advertising Law on

We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme. Poland Spring was a recent target of state law false advertising claims, and...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Link Between Alleged Fraud and Economic Harm to Shareholders

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a group of shareholders claimed misleading statements in a press release caused them to sell stock early and lose money in a subsequent bidding war. The...more

Shearman & Sterling LLP

Delaware Supreme Court Affirms Court Of Chancery, Finding That General Partner Complied With Obligations Under Limited Partnership...

by Shearman & Sterling LLP on

On June 8, 2018, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s dismissal of a putative class action challenging the merger of El Paso Pipeline Partners, L.P. (the “MLP”) with a subsidiary of its general...more

Shearman & Sterling LLP

Southern District Of New York Dismisses Putative Securities Fraud Class Action With Prejudice, Finding Individual Defendants'...

by Shearman & Sterling LLP on

On June 11, 2018, Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York dismissed with prejudice a putative securities fraud class action against veterinary pharmaceutical company...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2018

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - Hawaii Bans Two Sunscreen Ingredients - The Hawaii legislature has passed a law that will prohibit the sale or distribution of sunscreen containing oxybenzone and octinoxate after...more

Jones Day

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

by Jones Day on

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

by BakerHostetler on

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

by Fox Rothschild LLP on

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

by Kelley Drye & Warren LLP on

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

Weiner Brodsky Kider PC

9th Circuit Affirms Dismissal of FCRA Reporting Error Case Against Consumer Reporting Agency

by Weiner Brodsky Kider PC on

A three-judge panel of the Ninth Circuit recently affirmed a district court’s summary judgment finding that a national consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act (FCRA). The court explained...more

Benesch

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

by Benesch on

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

Dorsey & Whitney LLP

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Key questions regarding the statute of limitations in class actions, virtual currencies, stock repurchases, compliance and human rights abuses tied to corrupt conduct were critical this week. The Supreme Court refused to...more

Moore & Van Allen PLLC

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

by Moore & Van Allen PLLC on

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

Ballard Spahr LLP

Class Counsel Say "Rats!" to California Court's Rejection of Design-Based Warranty Claims

by Ballard Spahr LLP on

Following last month's dismissal in Preston v. American Honda Motor Company, No. 18-cv-00038 (C.D. Cal. May 24, 2018), a California federal judge on Monday dismissed yet another putative class action, Heber v. Toyota Motor...more

Dechert LLP

Supreme Court Limits American Pipe Tolling for Successive Class Actions

by Dechert LLP on

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

by Seyfarth Shaw LLP on

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

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Updated: May 25, 2018:

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Privacy Officer
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Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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