Courts Solidify Reach Of China Agritech

Circuit courts of appeal are solidifying the reach of the Supreme Court's June 2018 decision in China Agritech v. Resh¹ and curtailing the availability of equitable tolling in class contexts. The Supreme Court's decision in China Agritech, which we previously previewed and attended oral arguments for, held that the tolling principles announced in its earlier American Pipe² decision do not allow absent class members to file follow-on class action lawsuits where the statute of limitations has otherwise expired on their claims. Recent decisions across several circuit courts of appeal have confirmed our prediction regarding the reexamination of class cases relying upon American Pipe and reigned in plaintiffs' reliance on tolling in class contexts.