Albano v. Shea Homes Ltd. P'ship
In Albano v. Shea Homes Ltd. P'ship, 227 Ariz. 121, 254 P.3d 360 (2011), the Arizona Supreme Court addressed certified questions from the Ninth Circuit Court of Appeals, holding "that American Pipe tolling does not apply to the statute of repose in A.R.S. 12-552." Id. at 12834, 254 P.3d at 367.
In doing so, Albano noted that the Arizona Supreme Court "has never determined whether American Pipe and its progeny apply to class actions" and stated that American Pipe "aptly stated that its 'judicial tolling of the statute of limitations' was simply a matter of 'recognizing judicial power' to do so in federal courts." Id. at 12411, 12725, 254 P.3d at 363, 366.
To resolve the certified questions, Albano "assumed without deciding that the filing of a class action in Arizona tolls the applicable statute of limitations for non-named class members until class certification is denied." Id. at 12411, 12517, 254 P.3d at 363, 364.