By Meghan Summers ( June 26, 2018, 11:32 AM EDT) -- The U.S. Supreme Court's decisions in California Public Employees' Retirement System v. ANZ Securities Inc.[1] and China Agritech Inc. v. Resh,[2] in which the court held that American Pipe class action tolling applies only to statutes of limitation and not statutes of repose, and only for purposes of filing an individual suit rather than a subsequent class action, have significantly diminished American Pipe's utility to absent class members. In the wake of these decisions, absent class members can no longer rely on the filing of a class action to safeguard their interests. Rather, it is now necessary for them to make opt-out decisions early in the litigation process, and to file individual suits in order to ensure that they have a viable avenue for recovery....
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