News & Analysis as of

Subsequent Litigation American Pipe & Construction Co. v. Utah

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

Bracewell LLP

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

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

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

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

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

Eversheds Sutherland (US) LLP

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

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

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

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

Dechert LLP

Supreme Court Limits American Pipe Tolling for Successive Class Actions

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

King & Spalding

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

King & Spalding on

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

Jackson Walker

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

Jackson Walker on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

On June 11, 2018, the Supreme Court of the United States issued a landmark decision in China Agritech, Inc. v. Resh, addressing a split in the federal circuit courts of appeal, arising from differing applications of the...more

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