Statute of Limitations

Recently on June 11, 2018, the Supreme Court, in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), unanimously held that the statute of limitations is not tolled on successive class actions when a putative class action is filed.  Previously in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court ruled that the claims of non-named plaintiffs were not barred by the statute of limitations if the class action of which they were a member failed.  The statute of limitations for the individual claims was tolled while the class action was […]