SCOTUS Rejects Stacking of Class Actions
Kevin O'Connor
Partner, Peckar & Abramson, P.C.| Experienced Trial Attorney| Employment and D&O Defense| Construction law | Commercial Litigator
In a new decision today in China Agritech v. Resh (see link below), the Supreme Court of the United States put to rest the question of whether a litigant who arguably fell within the scope of one proposed class action that terminates unfavorably may turn around and file a new class action and gain the benefit of a tolling of the statute of limitations. He cannot. This is a closely watched case that could have significant ramifications for the defense bar. The Court rejected the notion that a prior precedent, what has come to be known as "American Pipe tolling," can be used by a litigant to reach back and obtain a tolling of the limitations period to the prior before the filing of the first class action. The case sided with a minority line of cases holding that American Pipe could not be applied in that manner.
Here's a link to the decision:
https://pecklaw.box.com/s/s4nkihm8wmtjsphi6fju799gz07ekdgu