U.S. Supreme Court,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Jan. 30, 2018
Supreme Court to weigh tolling for absent class members
The court's decision could have a profound impact on class actions -- particularly in the 1st, 2nd, 3rd, 5th, 8th and 11th Circuits where American Pipe is interpreted narrowly.
James N. Kramer
Partner
Orrick, Herrington & Sutcliffe LLP
405 Howard St
San Francisco , CA 94105
Phone: (415) 773-5700
Email: jkramer@orrick.com
James is co-chair of the White Collar, Investigations, Securities Litigation & Compliance group. His practice focuses on defending companies, officers and directors in shareholder class actions, derivative suits and regulatory proceedings.
Alex Talarides
Senior Associate
Orrick, Herrington & Sutcliffe LLP
405 Howard St
San Francisco , CA 94105
Email: atalarides@orrick.com
Alex is in Orrick's White Collar, Investigations and Securities Litigation Group.
Michael C. Wood
Managing Associate
Orrick, Herrington & Sutcliffe LLP
Email: mwood@orrick.com
Michael is in Orrick's White Collar, Investigations and Securities Litigation Group.
OCTOBER 2017 TERM
Over four decades ago in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), the U.S. Supreme Court held that "the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties" of a defective class action "had the suit been permitted to continue." Left unclear, however, was whether the statute of lim...
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