On June 11, 2018, the United States Supreme Court issued its much anticipated decision in China Agritech, Inc. v. Michael H. Resh, et. al., holding that upon denial of class certification, a putative class member may not commence a class action anew beyond the time allowed by the applicable statute of limitations. China Agritech, Inc. v. Michael H. Resh, et. al., No. 17-43, slip op. 2. The Supreme Court’s decision clarifies its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), in which it held that the statute of limitations is tolled for individual claims of purported class members while a class action is pending, by making clear that its holding in American Pipe does not apply to successive class actions.
June 19, 2018
