CHINA AGRITECH V. RESH

Issue: Class Certification Standards
Court: U.S. Supreme Court

Term: 
Oral Argument:
Vote:
Opinion:
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented: 
Whether the American Pipe rule tolls statutes of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period.

RLC's Position:
The U.S. Chamber of Commerce and the Retail Litigation Center filed a joint brief in support of the petition for certiorari to underscore the impact of the current circuit split over this issue and the harm that would be caused if class action plaintiffs can toll filing deadlines indefinitely by filing follow-on class actions. 

Case Outcome: 
The Court granted the petition for certiorari. 

Procedural History and Case Documents:

• China Agritech's Petition for Certiorari filed September 2017
• Petition granted December 2017

Please use the DOWNLOAD button below to access the RLC's Brief.