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Erica W. Rutner of Lash & Goldberg in Miami. Erica W. Rutner of Lash & Goldberg in Miami.

On June 11, 2018, a nearly unanimous Supreme Court dealt a deafening blow to the practice of filing successive class actions. In China Agritech v. Resh, 584 U.S. ___ (2018), the court was faced with whether a class action filing tolls the statute of limitations for putative class members who wish to file subsequent class actions. Supreme Court precedent in American Pipe & Construction v. Utah and Crown, Cork & Seal v. Parker previously established that the filing of a class action tolls the statute of limitations for individuals who later wish to bring an individual claim. But the court was silent on whether such tolling extended to class claims, and circuit courts across the country were split on the issue. Most circuits—including the Eleventh Circuit—have held that American Pipe tolling does not extend to successive class claims. However, other circuits, including the Ninth Circuit that issued the underlying decision in Resh, have held that tolling does apply to later-filed class actions.

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