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China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018)

Articles Discussing Case:

SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

Ogletree Deakins • June 13, 2018
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 equitable tolling rules articulated in two prior Supreme Court decisions, American Pipe & Construction Co. v. Utah (1974) and Crown, Cork & Seal Co. v. Parker (1983). In China Agritech, the Court examined whether, following denial of class certification in a putative class action, a would-be class member may commence a new class action beyond the time allowed by the applicable statute of limitations, “in lieu of promptly joining an existing suit,” as permitted in American Pipe, or filing an individual action, as permitted under Crown, Cork. The Court answered in the negative: equitable tolling does not apply to save subsequent class actions from the applicable statute of limitations.

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

Jackson Lewis P.C. • June 11, 2018
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 Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Justice Sonia Sotomayor filed an opinion concurring in the judgment.