China Agritech Inc. v. Resh
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-432 | Mar 26, 2018 | Jun 11, 2018 | 9-0 | Ginsburg | OT 2017 |
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
- Opinion analysis: Justices limit tolling of statutes of limitations that permits "stacked" class actions (Ronald Mann, June 11, 2018)
- A "view" from the courtroom: Chipping away at the caseload (Mark Walsh, June 11, 2018)
- Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit "stacked" class actions (Ronald Mann, March 27, 2018)
- Argument preview: Justices to consider yet another twist on tolling statutes of limitation for class-action filers (Ronald Mann, March 19, 2018)
- Justices release March calendar (Amy Howe, January 24, 2018)
- Court adds seven new cases to merits docket (Amy Howe, December 9, 2017)
- Petition of the day (Aurora Barnes, October 20, 2017)
| Date | Proceedings and Orders |
|---|---|
| 09/21/2017 | Petition for a writ of certiorari filed. (Response due October 23, 2017) |
| 10/12/2017 | Waiver of right of respondent Charles Law to respond filed. |
| 10/23/2017 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. |
| 10/23/2017 | Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. in opposition filed. |
| 11/07/2017 | Reply of petitioner China Agritech, Inc. filed. |
| 11/08/2017 | DISTRIBUTED for Conference of 12/1/2017. |
| 12/04/2017 | DISTRIBUTED for Conference of 12/8/2017. |
| 12/08/2017 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED. |
| 12/08/2017 | Petition GRANTED. |
| 01/17/2018 | Blanket Consent filed by Petitioner, China Agritech, Inc.. |
| 01/22/2018 | Brief of petitioner China Agritech, Inc. filed. |
| 01/22/2018 | Joint appendix filed. (Statement of costs filed) |
| 01/24/2018 | SET FOR ARGUMENT ON Monday, March 26, 2018 |
| 01/24/2018 | Blanket Consent filed by Respondents, William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V.. |
| 01/26/2018 | Brief amicus curiae of DRI--The Voice of the Defense Bar filed. |
| 01/29/2018 | Brief amici curiae of Securities Industry and Financial Markets Association filed. |
| 01/29/2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 01/29/2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| 02/07/2018 | CIRCULATED |
| 02/21/2018 | Record requested from the U.S.C.A. 9th Circuit. |
| 02/21/2018 | Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. filed. (Distributed) |
| 02/21/2018 | Supplemental joint appendix filed. (Statement of costs filed) (Distributed) |
| 02/27/2018 | Brief amici curiae of Plaintiffs in Post-Dukes Successor Class Actions filed. (Distributed) |
| 02/28/2018 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 02/28/2018 | Brief amici curiae of AARP and AARP Foundation filed. (Distributed) |
| 02/28/2018 | Brief amici curiae of Law Professors filed. (Distributed) |
| 02/28/2018 | Brief amici curiae of Retired Federal Judges filed. (Distributed) |
| 02/28/2018 | Brief amici curiae of American Association for Justice, et al. filed. (Distributed) |
| 02/28/2018 | Brief amicus curiae of National Conference on Public Employee Retirement Systems filed. (Distributed) |
| 03/16/2018 | Reply of petitioner China Agritech, Inc. filed. (Distributed) |
| 03/26/2018 | Argued. For petitioner: Seth A. Aronson, Los Angeles, Cal. For respondents: David C. Frederick, Washington, D. C. |
| 06/11/2018 | Judgment 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. |
| 07/13/2018 | JUDGMENT ISSUED. |