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China Agritech, Inc. v. Michael H. Resh, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-55432 · judgment May 24, 2017

Decided · June 11, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974), and Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (1983), this Court held that the "timely filing of a defective class action toll[s] the limitations period as to the individual claims of purported class members." Irwin v. Dep't of Veterans Affairs, 498 U.S. 89, 96 n.3 (1990) (emphasis added). In this case, two defective class actions were filed during the limitations period. Respondents, absent members of the rejected classes, filed a third class action, this time outside the limitations period. The Ninth Circuit construed American Pipe to toll the limitations period and make this third class action timely. Respondents' class complaint would have been dismissed as untimely in at least six other Circuits, which have held-as this Court recognized in Irwin and other cases-that American Pipe applies only to individual actions, not new class actions brought by previously absent class members. The question presented is: Whether the American Pipe rule tolls statutes of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period.

Counsel of record

For petitioner
Seth Alben Aronson
O'Melveny & Myers LLP

For respondent
Charles Eric Coleman
Lewis Brisbois Bisgaard & Smith, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
11 merits
(4 supporting pet./neither, 7 respondent)

Argument & decision

Argued March 26, 2018 — Seth A. Aronson · David C. Frederick. Audio and transcript

Decided June 11, 2018. Opinion by Ginsburg.

Proceedings

  1. Jul 13 2018
    JUDGMENT ISSUED.
  2. Jun 11 2018
    Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment.
  3. Mar 26 2018
    Argued. For petitioner: Seth A. Aronson, Los Angeles, Cal. For respondents: David C. Frederick, Washington, D. C.
  4. Mar 16 2018
    Reply of petitioner China Agritech, Inc. filed. (Distributed)
  5. Feb 28 2018
    Brief amici curiae of Law Professors filed. (Distributed)
  6. Feb 28 2018
    Brief amici curiae of Retired Federal Judges filed. (Distributed)
  7. Feb 28 2018
    Brief amicus curiae of National Conference on Public Employee Retirement Systems filed. (Distributed)
  8. Feb 28 2018
    Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
  9. Feb 28 2018
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  10. Feb 28 2018
    Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
  11. Feb 27 2018
    Brief amici curiae of Plaintiffs in Post-Dukes Successor Class Actions filed. (Distributed)
  12. Feb 21 2018
    Record requested from the U.S.C.A. 9th Circuit.
  13. Feb 21 2018
    Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. filed. (Distributed)
  14. Feb 21 2018
    Supplemental joint appendix filed. (Statement of costs filed) (Distributed)
  15. Feb 07 2018
    CIRCULATED
  16. Jan 29 2018
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  17. Jan 29 2018
    Brief amici curiae of Securities Industry and Financial Markets Association filed.
  18. Jan 29 2018
    Brief amicus curiae of Washington Legal Foundation filed.
  19. Jan 26 2018
    Brief amicus curiae of DRI--The Voice of the Defense Bar filed.
  20. Jan 24 2018
    SET FOR ARGUMENT ON Monday, March 26, 2018
  21. Jan 24 2018
    Blanket Consent filed by Respondents, William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V..
  22. Jan 22 2018
    Brief of petitioner China Agritech, Inc. filed.
  23. Jan 22 2018
    Joint appendix filed. (Statement of costs filed)
  24. Jan 17 2018
    Blanket Consent filed by Petitioner, China Agritech, Inc..
  25. Dec 08 2017
    Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
  26. Dec 08 2017
    Petition GRANTED.
  27. Dec 04 2017
    DISTRIBUTED for Conference of 12/8/2017.
  28. Nov 08 2017
    DISTRIBUTED for Conference of 12/1/2017.
  29. Nov 07 2017
    Reply of petitioner China Agritech, Inc. filed.
  30. Oct 23 2017
    Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
  31. Oct 23 2017
    Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. in opposition filed.
  32. Oct 12 2017
    Waiver of right of respondent Charles Law to respond filed.
  33. Sep 21 2017
    Petition for a writ of certiorari filed. (Response due October 23, 2017)