9th Circuit Asks Arizona Supreme Court for Guidance on Tolling Rule

SAN FRANCISCO - The 9th Circuit Court of Appeals has asked the Arizona Supreme Court for guidance on whether a tolling rule would apply to homeowners' state law construction defect claims. Albano, et al. v. Shea Homes Limited Partnership, et al., No. 09-15808 (9th Cir.).

The Circuit Court said that Arizona's high court has never ruled on whether the tolling rule set out in American Pipe & Construction Co. v. Utah (414 U.S. 538 [1974]) applies to state class actions, although the U.S. District Court for the District of Arizona ruled in this case that Arizona courts would apply the …