Extending American Pipe To Follow-On Class Actions Erroneous, Defendants Argue

Mealey's (February 2, 2018, 3:15 PM EST) -- WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals erred in holding that the U.S. Supreme Court’s ruling in American Pipe & Construction Co. v. Utah tolls the statute of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period because American Pipe tolls only the limitations period during the pendency of a putative class action “for absent class members to file individual claims if the class fails,” petitioners argue in a Jan. 22 merits brief filed with the Supreme Court (China Agritech Inc. v. Michael Resh, et al., No. 17-432, U.S. Sup.)....