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Clarifying the SCOTUS American Pipe Decision: Pending Motion for Class Certification does not toll Limitations Period

The United States Supreme Court recently handed the defense bar a useful tool in stemming the tide of class action lawsuits. In the area of employment law, claims for violations of federal wage and hour laws, violations of state and local regulations governing employees, and systemic workplace discrimination are prone to class action claims.

We cover the China Agritech, Inc. v. Resh decision on our sister Consumer Crossroads blog, you can read the full analysis here: American Pipe Clarified: Statute of Limitations for Class Actions not tolled by a Prior Motion for Class Certification.

For our employment law readers, what you need to know is that this decision conclusively seals the door for prospective plaintiffs who are less than diligent in pursuing claims on behalf of a class that they seek to represent. For the defense bar, this decision can only serve to bring finality to class action settlements. In the area of employment law, this decision can only lead to a more efficient oversight by the courts over class action lawsuits and is a handy tool against repeat litigants and frivolous class claims.

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