China Agritech, Inc. v. Resh

China Agritech, Inc. v. Resh, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States, holding that upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.

NASDAQ initiated delisting proceedings against China Agritech's stock in 2011 after the company's shareholders made allegations of fraudulent business practices.

China Agritech moved to dismiss Resh's complaint because the two year limitations period set by the Securities Exchange Act of 1934 had already passed.

The Ninth Circuit reversed the district court, holding that a class action was not time-barred in cases where the plaintiff's were unnamed in the prior lawsuits, even if the complaint was made against many of the same defendants, and based upon the same events.

[3] In an opinion written by Justice Ruth Bader Ginsburg, the Supreme Court reversed, holding that upon denial of class certification, a plaintiff cannot commence a class action anew beyond the time allowed by the applicable statute of limitations, and must promptly join an existing suit or file an individual action.