Supreme Court Considers Whether Unnamed Class Members With Tolled and Timely Claims Can Bring a New Class Action After Expiration of the Otherwise Applicable Limitations Period
On March 26, 2018, the Supreme Court heard oral arguments in an important class action case, China Agritech, Inc. v. Resh, No. 17-432. In China Agritech, the petitioner asks the Court to consider if an absent class member whose individual claims are timely as a result of the tolling doctrine established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), may file a new class action after the expiration of the otherwise applicable limitations period.