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Statute of Limitations › Supreme Court of the United States › Class Action

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... more +
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 -
Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Seyfarth Shaw LLP

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

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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

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Mere Receipt of Plan Disclosures Does Not Provide 'Actual Knowledge' Under ERISA

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Last Wednesday, a unanimous U.S. Supreme Court concluded that receipt of participant disclosures and notices does not constitute “actual knowledge” of fees, investment options, and other plan features. Actual knowledge is the...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

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On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

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The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

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The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Patterson Belknap Webb & Tyler LLP

U.S. Supreme Court’s Decision in China Agritech May Limit The Availability of Class-Action Tolling For Litigants That File Suit...

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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

Mintz - Securities Litigation Viewpoints

U.S. District Court Holds that Certain Claims by Opt-Out Plaintiffs Are Barred by the Statute of Repose

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In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act’s statute of...more

Hinshaw & Culbertson LLP

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

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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

Proskauer - California Employment Law

California Employment Law Notes - July 2018

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Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Littler

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

Littler on

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Mayer Brown Free Writings + Perspectives

Pending Class Action Does Not Toll Statute of Limitations

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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

Cadwalader, Wickersham & Taft LLP on

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

Manatt, Phelps & Phillips, LLP

Supremes: No More Class Action Stacking

Manatt, Phelps & Phillips, LLP on

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

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

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

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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

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

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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

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Benesch

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

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

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