China Agritech, Inc. v. Resh
U.S. Supreme Court · decided June 11, 2018 · Supreme Court Database (Spaeth)
- Decided
- June 11, 2018
- Term
- October Term 2017
- Vote
- 9–0
- Majority author
- Justice Ginsburg
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice GINSBURG delivered the opinion of the Court. This case concerns the tolling rule first stated in American Pipe & Constr. Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974). The Court held in American Pipe that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. Where class-action status has been denied, the Court further ruled, members of the failed class could timely intervene as individual plaintiffs in the still-pending action, shorn of its class character. See id., at 544, 552-553, 94 S.Ct. 756. Later, in Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 103 S.Ct. 2392, 76 L.Ed.2d 628 (1983), the Court clarified American Pipe 's tolling rule: The rule is not dependent on intervening in or joining an existing suit; it applies as well to putative class members who, after denial of class certification, "prefer to bring an individual suit rather than intervene ... once the economies of a class action [are] no longer available." 462 U.S., at 350, 353-354, 103 S.Ct. 2392 ; see California Public Employees' Retirement System v. ANZ Securities, Inc., 582 U.S. ----, ----, 137 S.Ct. 2042, 2053, 198 L.Ed.2d 584 (2017) (American Pipe "permitt[ed] a class action to splinter into individual suits"); Smith v. Bayer Corp., 564 U.S. 299, 313-314, n. 10, 131 S.Ct. 2368, 180 L.Ed.2d 341 (2011)…
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