U.S. Court of Appeals for the Ninth Circuit

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Petition for rehearing en banc denied

July 03, 2017

U.S. Chamber supports Ninth Circuit petition for rehearing en banc in American Pipe tolling case

June 19, 2017

In American Pipe & Construction Co. v. Utah (1974), the Supreme Court held that the commencement of a class action tolls the statute of limitations for all purported members of the class. Once class certification has been denied, however, tolling ends and absent class members must timely file an individual claim or move to intervene in the suit. A Ninth Circuit panel recently extended the American Pipe rule, holding that tolling applies not only through the initial denial of class certification, but extends to a subsequent class action seeking a second bite at the apple. This approach would allow lawyers seeking to represent a plaintiff class to extend the statute of limitations almost indefinitely.

The Chamber and Retail Litigation Center filed an amicus brief supporting a petition urging the Ninth Circuit to rehear the case en banc.

Mark A. Perry, Jesenka Mrdjenovic, and Rachel S. Brass of Gibson, Dunn & Crutcher LLP served as co-counsel for the amici.

Case Documents