News & Analysis as of

Tolling American Pipe & Construction Co. v. Utah

Cadwalader, Wickersham & Taft LLP

Securities Litigation Update: Courts of Appeals Weigh in on American Pipe Tolling and the Affiliated Ute Presumption of Reliance

The Third Circuit extended American Pipe tolling to the period before a decision on class-certification, opening a new avenue for potential class members to assert otherwise untimely individual securities claims.  The Ninth...more

Blank Rome LLP

The Third Circuit Addresses American Pipe Tolling before a Class Certification Decision

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The Third Circuit recently issued a decision holding that putative class members can benefit from equitable tolling even before a district court decides a motion for class certification. Aly v. Valeant Pharms. Int’l. Inc.,...more

Ballard Spahr LLP

American ‘Pipe Dream’ – CA Court of Appeal Scrutinizes Limitations Period Tolling Arguments

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Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more

Foley & Lardner LLP

Courts Solidify Reach of China Agritech

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Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in...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

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...

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

Womble Bond Dickinson

For Whom the Statute Tolls: Statute of Limitations Extended in Plaintiff’s Individual TCPA Lawsuit Based on American Pipe Tolling...

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The TCPA already has an ample four-year statute of limitations. But based upon a 1974 Supreme Court case called American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), that statute is extended every time a defendant...more

A&O Shearman

Supreme Court Rules That Successive Class Actions Are Not Tolled Under American Pipe

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On June 11, 2018, the Supreme Court of the United States held that the tolling rule first stated in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) cannot salvage otherwise-untimely successive class claims. ...more

Jackson Lewis P.C.

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

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Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

Locke Lord LLP

China Agritech, Inc. v. Resh: Supreme Court Stops Potentially Never-Ending Statute of Limitations, Finds American Pipe Does Not...

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The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

The U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides China Agritech, Inc. v. Resh

On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more

K&L Gates LLP

Of Pipes and Crowns: The Supreme Court Considers Extent of Tolling of Statute of Limitations in Putative Class Actions

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The U.S. Supreme Court recently heard argument in China Agritech Inc. v. Resh, presenting, yet again, the question of the extent to which a statute of limitations is tolled while a putative class action is pending....more

Patterson Belknap Webb & Tyler LLP

Supreme Court Considers an Expansion of Class-Action Tolling

On March 26, 2018, the Supreme Court heard argument in China Agritech, Inc. v. Resh (No. 17-432), a case in which the justices will determine whether a plaintiff whose otherwise untimely claim has been tolled by the rules...more

A&O Shearman

United States Supreme Court Considers Application Of American Pipe Tolling To Subsequent Class Actions

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On Monday, March 26, 2018, the United States Supreme Court heard oral argument in an appeal that presents the question whether American Pipe tolling—which provides that the pendency of a class action generally tolls the...more

Foley & Lardner LLP

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

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As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more

Foley & Lardner LLP

Will The Supreme Court Allow Class Action Stacking?

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Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more

K&L Gates LLP

For Whom the Statute Tolls: It Tolls For Thee – Chavez v. Occidental Chemical Corp. – New York Federal District Court Tolls New...

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On January 10, 2018, Judge Paul Engelmayer of the United States District Court for the Southern District of New York held that plaintiffs who were allegedly injured between 1965 and 1990 on banana plantations outside the...more

Bradley Arant Boult Cummings LLP

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

Polsinelli

For Whom the Class Action Tolls: American Pipe to be Revisited

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The United States Supreme Court recently granted certiorari in a significant case that will test the limits of class action tolling. Since 1974, federal courts have held that the filing of a class action tolls the statute...more

Jackson Lewis P.C.

U.S. Supreme Court To Rule On Application Of American Pipe Tolling Decision On Class Actions

Jackson Lewis P.C. on

Earlier this month, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). In reviewing...more

Bradley Arant Boult Cummings LLP

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more

Ballard Spahr LLP

Supreme Court Agrees to Decide Whether Statute of Limitations Bars Successive Class Actions

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In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more

Kilpatrick

Seventh Circuit: American Pipe Tolling Stops When A Class Action Is Dismissed – With Or Without Prejudice – Before A Class Is...

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Takeaway: In Collins v. Village of Palatine, Ill., — F.3d —, 2017 WL 5490819, at *1 (7th Cir. November 16, 2017), the Seventh Circuit announced a “simple and uniform” rule for determining when a once-tolled statute of...more

Carlton Fields

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

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Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

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