United States Ninth Circuit

In an action asserting defective construction claims against a developer, the court certified the following questions to the Arizona Supreme Court: 1) does the filing of a motion for class certification in an Arizona court toll the statute of limitations for individuals, who are included within the class, to file individual causes of action involving the same defendants and the same subject matter?; 2) if so, does this class-action tolling doctrine apply to statutes of repose, and more specifically, to the statute of repose for construction defects set forth in Arizona Revised Statute section 12-552?; 3) if the doctrine applies to statutes of repose, and specifically Arizona Revised Statute section 12-552, may a court weigh the equities of the case in determining whether, and to what extent, an action is tolled?

Appellate Information

• Decided 01/03/2011
• Published 01/03/2011

Judges

• Array

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert H. Willis, Gary L. Birbaum