China Agritech Should Apply To State Class Actions

Law360 (April 11, 2019, 2:37 PM EDT) -- Class action defendants scored a significant victory last term in China Agritech Inc. v. Resh.[1] There, the court held that the so-called American Pipe equitable tolling rule — which provides that the timely filing of a class action tolls the statute of limitations for plaintiffs encompassed by the class complaint[2] — only tolls the limitations period for individual claims, not class claims.[3]

Although China Agritech clarified existing law governing federal claims, it left several open questions in its wake. In this article we address one of those questions: whether China Agritech’s clarification of American Pipe also applies to state law claims...

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