Supreme Court Holds that American Pipe Tolling Does Not Extend to Successive Class Actions
In China Argitech, Inc. v. Resh, 584 U.S. ___ (2018), No. 17-432, the Supreme Court held that the filing of a class action under Rule 23 does not toll the statute of limitations for putative class representatives who seek to file successive class actions. Clarifying its prior decision in American Pipe, the Court expressly held that filing a class action only tolls the statute of limitations for subsequent individual claims brought by unnamed class members until class certification is denied in the first-filed action. The China Agritech decision provides a powerful tool for defendants to fend-off successive class actions after defeating a bid for class certification.
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