Legal Opinion

Michael Resh v. China Agritech, Inc.

Court of Appeals for the Ninth Circuit

Decided May 24, 2017No. 15-55432PublishedCited by 7 opinions

1Opinion of the Court

OPINION

W. FLETCHER, Circuit Judge:

Plaintiffs bring a would-be class action alleging that China Agritech, Inc. (“China Agritech”) and its managers and directors violated the Securities Exchange Act of 1934 (“Exchange Act”). Plaintiffs were unnamed plaintiffs in two earlier would-be class actions against many of the same defendants based on the same underlying events. Class action certification was denied in both cases. Under American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), and Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 103 S.Ct. 2392, 76 L.Ed.2d…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  3. Tyson Foods, Inc. v. BouaphakeoSupreme Court of the United States · 2016
  4. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  5. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980

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3Cited by7 opinions

  1. Jason Lee Harris v. J. Kenneth MangumCourt of Appeals for the Ninth Circuit · 2017
  2. China Agritech, Inc. v. ReshSupreme Court of the United States · 2018
  3. Fierro v. Landry's Rest. Inc., California Court of Appeal, 5th District2019
  4. Christopher Blake v. JP Morgan Chase Bank NACourt of Appeals for the Third Circuit · 2019
  5. Fierro v. Landry's Restaurant, Inc.California Court of Appeal · 2019

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