Albano v. Shea Homes Ltd. Partnership
2011 U.S. App. LEXIS 6
| 9th Cir. | 2011Background
- Hoffman class action and Albano I–III involve defective construction claims in Carriage Lane, Gilbert, Arizona.
- District court held AZ statute of repose applies; American Pipe tolling may or may not apply to toll the repose.
- District court concluded American Pipe tolling did not save Albano II/III claims due to lack of identical defendant and delays in class certification.
- Court considered whether Arizona would adopt American Pipe/Crown, Cork tolling and to what extent it applies to statutes of repose.
- Because Arizona law on these tolling questions is unsettled, the panel certified questions to the Arizona Supreme Court.
- Order amended the certification and clarified that no further amendments would be entertained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Would Arizona adopt American Pipe/Crown, Cork tolling in class actions? | Albano argues Arizona would adopt tolling as legal tolling. | Shea argues tolling is equitable and may not apply to repose. | Arizona would not be assumed; questions certified for Arizona Supreme Court. |
| Does American Pipe tolling apply to statutes of repose for construction claims? | American Pipe tolling could extend the repose period. | Tolling likely inapplicable to repose, especially as to private defendants. | Unresolved; questions certified to Arizona Supreme Court. |
| If applicable, can courts weigh equities to toll a statute of repose? | Equities could justify tolling under American Pipe/Crown, Cork. | Equitable tolling should not extend repose beyond its purpose. | Questions certified; no definitive ruling on equities. |
Key Cases Cited
- American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (U.S. Supreme Court, 1974) (tolls class-action limitations for timely intervening members)
- Crown, Cork & Seal Co., Inc. v. Parker, 462 U.S. 345 (U.S. Supreme Court, 1983) (extends tolling to independent actions post-denial of class certification)
- Hall v. Romero, 141 Ariz. 120, 685 P.2d 757 (Arizona Supreme Court, 1984) (recognizes American Pipe tolling only where defendant identical in class and individual suits)
- Hosogai v. Kadota, 145 Ariz. 227, 700 P.2d 1327 (Arizona Supreme Court, 1985) (equitable tolling analysis tied to policies underlying statutes; Arizona legislature savings statute discussed)
- Arizona Dept. of Revenue v. Dougherty, 200 Ariz. 515, 29 P.3d 862 (Arizona Supreme Court, 2001) (class-action tolling in administrative context; tolling outcomes in state actions)