Supreme Court Weighs Whether to Extend American Pipe Tolling

The D&O Diary

Noelle M. Reed Austin R. Winniford

On March 26, 2018, the U.S. Supreme Court heard oral arguments in China Agritech v. Resh, which raises the question of whether the Court should further extend the equitable tolling doctrine it first adopted in American Pipe & Construction Co. v. Utah, in 1974. Specifically, China Agritech asks whether the American Pipe doctrine should be extended to allow class action plaintiffs to bring subsequent class claims.