News & Analysis as of September 19, 2024

Statute of Limitations › FRCP 23

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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 Class Action Chronicle

Skadden, Arps, Slate, Meagher & Flom LLP on 3/10/2021

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...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

Northern District Of Illinois Certifies Class In A Commodities Market Manipulation Suit, Holding That Proposed Class Made A...

A&O Shearman on 1/14/2020

On January 3, 2020, Judge Edmond E. Chang of the United States District Court for the Northern District of Illinois Eastern Division granted Plaintiffs’ motion to certify a class of investors in an action alleging that two...more

Solving the Problem(s) of Multidistrict Litigation, Part 1: Early Identification of Meritless Claims

Hanzo on 4/2/2019

Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more

Ninth Circuit Says Local Rule 90-Day Deadline to File Class Certification Motion Incompatible With Federal Rule 23

Carlton Fields on 1/7/2019

In a case with potentially nationwide ramifications, the Ninth Circuit reversed a California district court’s decision striking a motion for class certification as untimely, finding the district court’s local rule requiring...more

Although Resh v. China Agritech only tells the federal side of the equitable tolling story, the California Supreme Court thinks it...

Kilpatrick on 12/21/2018

Takeway: In China Agritech, Inc. v. Resh, a federal securities case, the U.S. Supreme Court clarified the scope of American Pipe tolling, holding it does not permit “class action stacking.” In other words, while the rule...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

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

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

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...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

One and done - US Supreme Court sets limits on successive class action filings

Eversheds Sutherland (US) LLP on 6/15/2018

After years of uncertainty, the United States Supreme Court has revisited one of its most important class action opinions, and in doing so, set limits on the filing of successive class actions. In China Agritech, Inc. v....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

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Statute of Limitations › FRCP 23

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