Chicago Partner Rusty Perdew, a member of the Firm’s Class Actions Practice Group, was quoted in an article examining the nearly unanimous U.S. Supreme Court ruling in China Agritech v. Resh that will bar follow-on class action cases that are filed after the expiration of a statutory time limit. Perdew noted that the decision will have a significant impact on class action defendants: "It gives defendants some additional ammunition, some additional certainty, that if they win this case, that's at least going to be the end of any class litigation."
In addition, Perdew provided insight on if lower courts might adopt the position of Justice Sotomayor, who said plaintiffs should be able to file a successive class action if a defect were to arise with a named plaintiff in the matter. Perdew said, "I can see district court judges citing to that, and saying, 'You know what, I am going to allow this amendment, even though it's very late in the game. Because as Justice Sotomayor said, this is the only shot. We need to allow these amendments liberally.' It could have an impact in that way."
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