Supreme Court Holds American Pipe Does Not Permit Unnamed Class Members to Bring a New Class Action After the Expiration of Applicable Limitations Period
On June 11, 2018, the Supreme Court in China Agritech v. Resh, No. 17-432, unanimously held that the tolling of individual claims established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), does not toll limitations periods for successive class claims. Thus, individual claimants that could invoke American Pipe tolling for their individual claims may not bring putative class claims if such class claims would be barred by the applicable statute of limitations.