fb tracking

China Agritech v. Resh

The issue in this case was whether the so-called “American Pipe” rule, under which statutes of limitations are suspended for all members of a class during the time a class action is pending, applies when class members later seek to bring another class action. The parties to the case agree that, under American Pipe, the “tolling” effect of previous class actions would have allowed any class member to file a timely individual action, but disagree about whether they may join their claims together in a class action. Public Citizen filed an amicus brief supporting the class members, arguing that under the decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co., plaintiffs who have viable individual claims are entitled to bring them as a class if they satisfy the requirements for class certification under Federal Rule of Civil Procedure 23. On June 11, 2018, the Supreme Court ruled that American Pipe tolls statutes of limitations only during the pendency of a class action for purposes of subsequent individual actions filed by class members.