Question Presented (from Petition)
In American Pipe & Construction Co. v. Utah, this Court held that "a class action suspends the applicable statute [of limitations] as to all asserted members of the class." 414 U.S. 538, 554 (1974). The Court explained that, without such a tolling rule, class members "would be induced" to file their own "protective" suits before the certification decision to keep the clock from running out on their claims in the interim, overwhelming the courts with "needless duplication," thereby undermining Rule 23's animating purpose. Id. at 553–554.
While all agree that a federal class action tolls the limitation period for federal-law claims, the circuits disagree whether the action also tolls the limitations period for non-federal claims. The question presented is:
Does American Pipe class action tolling apply to non-federal claims?
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-06-06
Reply of petitioners Jane Doe 8, et al. filed. (Distributed)
2023-05-30
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-05-30
Brief of respondent Chiquita Brands International, Inc. in opposition filed.
2023-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 30, 2023.
2023-04-03
Motion to extend the time to file a response from April 28, 2023 to May 30, 2023, submitted to The Clerk.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-29
Response Requested. (Due April 28, 2023)
2023-03-28
Waiver of right of respondent Chiquita Brands International, Inc. to respond filed.
2023-03-14
Petition for a writ of certiorari filed. (Response due April 17, 2023)
2023-02-03
Application (22A700) granted by Justice Thomas extending the time to file until March 14, 2023.
2023-02-02
Application (22A700) to extend the time to file a petition for a writ of certiorari from February 12, 2023 to March 15, 2023, submitted to Justice Thomas.