SCOTUS Narrows Holding in America Pipe Case


Today, our colleague Mark Litvack published his Client Alert titled The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah. Takeaways include:

  • The Court bars previously absent class members from bringing subsequent class actions outside the applicable statute of limitations period.
  • The Court’s decision in China Agritech, Inc. v. Resh cements a new limit on the filing of successive class actions.

  • Tolling provisions established in landmark American Pipe & Construction Co. v. Utah decision do not extend to individual class members wanting to file a new action on behalf of others after the statute of limitations deadline has passed.