Supreme Court of the United States · Official docket →
Jane Doe 8, et al. v. Chiquita Brands International, Inc.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10211 · judgment September 8, 2022
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
In American Pipe & Construction Co. v. Utah, this Court held that “a class action suspends the applicable statute [of limitations] as to all asserted members of the class.” 414 U.S. 538, 554 (1974). The Court explained that, without such a tolling rule, class members “would be induced” to file their own “protective” suits before the certification decision to keep the clock from running out on their claims in the interim, overwhelming the courts with “needless duplication,” thereby undermining Rule 23’s animating purpose. Id. at 553–554. While all agree that a federal class action tolls the limitation period for federal-law claims, the circuits disagree whether the action also tolls the limitations period for non-federal claims. The question presented is: Does American Pipe class action tolling apply to non-federal claims?
Counsel of record
For petitioner
Kevin K. Russell
Goldstein, Russell & Woofter LLC
For respondent
Michael L. Cioffi
Blank Rome LLP
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 06 2023Reply of petitioners Jane Doe 8, et al. filed. (Distributed)
- May 30 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 30 2023Brief of respondent Chiquita Brands International, Inc. in opposition filed.
- Apr 04 2023Motion to extend the time to file a response is granted and the time is extended to and including May 30, 2023.
- Apr 03 2023Motion to extend the time to file a response from April 28, 2023 to May 30, 2023, submitted to The Clerk.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 29 2023Response Requested. (Due April 28, 2023)
- Mar 28 2023Waiver of right of respondent Chiquita Brands International, Inc. to respond filed.
- Mar 14 2023Petition for a writ of certiorari filed. (Response due April 17, 2023)
- Feb 03 2023Application (22A700) granted by Justice Thomas extending the time to file until March 14, 2023.
- Feb 02 2023Application (22A700) to extend the time to file a petition for a writ of certiorari from February 12, 2023 to March 15, 2023, submitted to Justice Thomas.