High Court to Decide on Statutory Tolling Issue and the Practice of Filing Successive Class Actions
The Daily Business Review published a column authored by Lash & Goldberg partner Erica Rutner. The column, High Court to Decide on Statutory Tolling Issue and the Practice of Filing Successive Class Actions, discussed how the Supreme Court’s decision on Resh v. China Agritech may shed light not only on the narrow issue of statutory tolling but also on whether—and how—courts should deal with litigants who engage in repeated rounds of class action litigation. For class action litigants across a variety of industries, the Supreme Court’s decision will be an important one to watch.
On Dec. 8, 2017, the U.S. Supreme Court granted China Agritech’s certiorari petition in Resh v. China Agritech, 857 F. 3d 994 (9th. Cir. 2017). In accepting certiorari, the Supreme Court agreed to decide whether a class action filing tolls the limitations period for putative class members who wish to file additional class actions—an issue that fundamentally impacts the often-criticized practice of filing successive class action litigations.
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