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China Agritech Inc. v. Resh

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Docket No. Op. Below Argument Opinion Vote Author Term
17-432 9th Cir. Mar 26, 2018 Jun 11, 2018 9-0 Ginsburg OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondents in this case.

Holding: Upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on June 11, 2018. Justice Sotomayor filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 21 2017Petition for a writ of certiorari filed. (Response due October 23, 2017)
Oct 12 2017Waiver of right of respondent Charles Law to respond filed.
Oct 23 2017Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Oct 23 2017Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. in opposition filed.
Nov 07 2017Reply of petitioner China Agritech, Inc. filed.
Nov 08 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 08 2017Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Dec 08 2017Petition GRANTED.
Jan 17 2018Blanket Consent filed by Petitioner, China Agritech, Inc..
Jan 22 2018Brief of petitioner China Agritech, Inc. filed.
Jan 22 2018Joint appendix filed. (Statement of costs filed)
Jan 24 2018SET FOR ARGUMENT ON Monday, March 26, 2018
Jan 24 2018Blanket Consent filed by Respondents, William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V..
Jan 26 2018Brief amicus curiae of DRI--The Voice of the Defense Bar filed.
Jan 29 2018Brief amici curiae of Securities Industry and Financial Markets Association filed.
Jan 29 2018Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 29 2018Brief amicus curiae of Washington Legal Foundation filed.
Feb 07 2018CIRCULATED
Feb 21 2018Record requested from the U.S.C.A. 9th Circuit.
Feb 21 2018Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. filed. (Distributed)
Feb 21 2018Supplemental joint appendix filed. (Statement of costs filed) (Distributed)
Feb 27 2018Brief amici curiae of Plaintiffs in Post-Dukes Successor Class Actions filed. (Distributed)
Feb 28 2018Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Feb 28 2018Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
Feb 28 2018Brief amici curiae of Law Professors filed. (Distributed)
Feb 28 2018Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 28 2018Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
Feb 28 2018Brief amicus curiae of National Conference on Public Employee Retirement Systems filed. (Distributed)
Mar 16 2018Reply of petitioner China Agritech, Inc. filed. (Distributed)
Mar 26 2018Argued. For petitioner: Seth A. Aronson, Los Angeles, Cal. For respondents: David C. Frederick, Washington, D. C.
Jun 11 2018Judgment 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.
Jul 13 2018JUDGMENT ISSUED.