Albano v. Shea Homes Limited Partnership
Amicus curiae brief in the Arizona Supreme Court arguing that court should adopt rule tolling statutes of repose while classwide litigation is pending.
Public Justice filed an amicus curiae brief in the Arizona Supreme Court arguing that, in order to protect absent class members, the court should adopt the rule articulated by the U.S. Supreme Court in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), which tolls statutes of limitations while classwide litigation is pending. In the absence of such a rule, the promise of the class action device is thwarted, because individuals will be forced to intervene or file individual suits in an attempt to protect their rights. On July 5, 2011, the Arizona Supreme Court assumed without deciding that American Pipe applies to statutes of limitations, but it concluded that American Pipedoes not apply to the statutes of repose that were at issue in Albano.
The brief was written by Francis J. Balint, Jr., of Bonnett, Fairbourn Friedman & Balint, P.C., in Phoenix.