The U.S. Supreme Court determined in American Pipe and Crown Cork that the filing of a class action will toll the applicable statute of limitations to allow putative class members to intervene or bring individual claims. A number of questions have been raised in recent years regarding the scope of these decisions, including whether American Pipe’s tolling rule applies to successive “piggyback” class actions. The Supreme Court recently concluded in China Agritech Inc. v. Resh that it does not. Although the ruling may impose new stumbling blocks for class actions under certain circumstances, there are things that plaintiffs can do to mitigate such complications to ensure that their right to recovery is not extinguished.
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