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Lathrop Quoted in Westlaw Journal

June 2018

Charlotte Litigation Member Tony Lathrop was quoted in the Westlaw Journal.  The article published online on June 12 and will publish in print on July 21. His commentary on the China Argitech v. Resh case stated,

"Tolling of a statute of limitations is the exception to the rule," Lathrop, a partner with Moore & Van Allen PLLC and unaffiliated with the case, said in a statement. "Statutes of limitations exist for a reason ― to ensure the timely pursuit of legal claims while evidence and witnesses are readily available and to close the door on potential liability within a timeframe that the legislature deemed appropriate for a particular issue."

"If the class action plaintiffs in China Agritech had prevailed, companies would have faced the possibility of never-ending class-action litigation based on the same issues, even after they successfully defeated class certification," he added.

The case reverses and remands the 9th U.S. Circuit Court of Appeals decision to revive a 2014 class-action lawsuit alleging China Agritech Inc. fraudulently overstated its earning in 2011 in violation of the Securities Exchange Act of 1934.

To read the full article, click here.