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U.S. Supreme Court,
Civil Litigation

Jun. 13, 2018

Ruling will prevent an ‘infinite’ statute of limitations

On Monday, the Supreme Court revisited the “American Pipe tolling” rule and, resolving a split among the federal circuits, said the tolling did not extend to a later filed class action.

Jeremy K. Robinson

Partner, Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP

110 Laurel St
San Diego , California 92101-1486

Phone: (619) 238-1811

Fax: (619) 544-9232

Email: jrobinson@cglaw.com

Jeremy is chair of the firm's Motion and Appellate Practice.

U.S. Supreme Court Justice Ruth Bader Ginsburg during an appearance in New York, Feb. 5, 2018. Ginsburg penned the majority opinion in China Agritech v. Resh, which held that a securities class action filed after the expiration of the statute of limitations could not be salvaged by reliance on an earlier Supreme Court precedent that permitted the tolling of the limitations period in some cases. (New York Times News Service)

OCTOBER 2017 TERM

More than 40 years ago, in American Pipe & Construction Co. v. Utah, the U.S. Supreme Court held that a putative class action in which class certification was denied nevertheless tolled the statute of limitations for any member of the class who wanted to intervene in the foundered class case. Roughly a decade later, in Crown, Cork & Seal v. Parker, the high court...

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