RESH V. CHINA AGRITECH

Issue: Class Action
Court: U.S. Court of Appeals for the Ninth Circuit

RLC's Position:
The RLC joined the U.S. Chamber of Commerce in an amici brief to ask the Ninth Circuit to reconsider its ruling on the scope of American Pipe tolling. The amici brief asked the Ninth Circuit to restore the principle that tolling in the class action context begins with the initial filing and ends once certification is denied, at which point potential members must pursue their individual claims within the time remaining on the limitations period. The brief explained that by applying the American Pipe tolling doctrine to recurring class action litigation would effectively render the statute of limitation inoperable and would invite abusive litigation. 

Case Outcome:
The court denied the petition for rehearing. 

Procedural History and Case Documents:

• Petition for rehearing denied July 2017

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