Class Actions

News & Insights

18 Jun Insight

Client Alert: Supreme Court Limits Class Action Tolling, Reducing the Ability of Plaintiffs to File Successive Class Actions for the Same Claims

This Client Alert addresses the United States Supreme Court’s decision in China Agritech, Inc. v. Resh. China Agritech clarifies the doctrine known as class action tolling, under which the statute of limitations for individual claims of absent class members are tolled when a class action is filed until class certification is denied.
Freeborn Peters White paper (PDF)

Representative Matters

  • Liaison Counsel for plaintiff class in Plasma-Derivatives Protein Therapies Antitrust Litigation.

  • Successfully represented corporations in class action litigation involving employment law violations, environmental contamination and nuisance and trespass.

  • Defeated the plaintiffs’ motion for conditional certification in a Fair Labor Standards Act case, where the plaintiffs alleged a national policy of failing to pay for orientation, training and other hours at a quick-service restaurant chain.

  • Defense of putative nationwide class action alleging gender discrimination under Title VII and The Equal Pay Act. Successfully defeated two class certification motions and Federal Rule of Civil Procedure 23(f) Petitions. Successfully defended rulings on appeal in front of Seventh Circuit Court of Appeals. 

  • Trial of Illinois class action involving the exempt status of auto and casualty adjusters under the Illinois Minimum Wage Act (which incorporates provisions of the FLSA), resulting in a complete defense verdict for our client.