June 28, 2017Publication

Resh Exposes Defendants to Serial Class Cert. Relitigation

Law360

Peter Hawkes authored a June 19 article in Law360 titled “Resh Exposes Defendants to Serial Class Cert. Relitigation.” The article discusses a recent decision in Resh v. China Agritech Inc., where the Ninth Circuit’s decision opens the door to the possibility of serial, successive attempts to certify a class in securities (and other) cases, potentially exposing defendants to an almost never-ending series of class actions.

Despite the court’s insistence to the contrary, Resh represents a sharp break from prior law in the Ninth Circuit. Given that the court radically reinterpreted the en banc decision in Catholic Social Services, it will be interesting to see whether the Ninth Circuit elects to reconsider the Resh decision en banc.