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Supreme Court· 6/11/2018

China Agritech, Inc. v. Resh

Citations

  • 584 U.S. 732
  • 138 S. Ct. 1800
  • 201 L. Ed. 2d 123
  • 2018 U.S. LEXIS 3502

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “American Pipe does not permit the maintenance of a follow-on class action past expiration of the statute of limitations”
  • holding that the statute of limitations is tolled for individual claims “during the pendency 13 of a putative class action, allowing unnamed class members to join the action individually or file 14 individual claims if the class fails”
  • noting that permitting tolling for successive class actions could limitlessly toll the statute of limitations
  • noting that American Pipe found tolling “permissible in the circumstances because plaintiffs who later intervened to pursue individual claims had not slept on their rights”
  • acknowledging that “class representative[s] might receive a share of class recovery above and beyond [their] individual claims”
  • explaining that the statute of repose “begins to run upon the last culpable act or omission of the defendant.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ruth Bader Ginsburg

Read full opinion on CourtListener

Cited by

44 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.