Class Action Reporter: CHINA AGRITECH: SCOTUS Upholds Dismissal of Successively Filed Suit

September 17, 2018

O’Melveny securities partner Seth Aronson successfully represented China Agritech in the Supreme Court of the United States in the case of China Agritech, Inc. v. Michael Resh. The case began after Resh filed a class action a year and a half after the statute of limitations had expired alongside two individuals that had led prior complaints. The District Court dismissed Resh’s class complaint as untimely. Subsequently the Court of Appeals for the Ninth Circuit reversed, citing American Pipe & Constr. Co. v. Utah and the potential for “future class action named plaintiffs, who were unnamed class members in previously uncertified classes to avail themselves of American Pipe.” The Supreme Court reversed and remanded the decision of the Court of Appeals in favor of China Agritech by ruling that Resh filed outside the bounds of American Pipe.

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