John Hall v. Variable Annuity Life Ins Co.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs-Appellants John and Brenda Hall (“the Halls”) were members of a certified class of securities fraud plaintiffs whose certification order was vacated in 2004. When the Halls attempted to re-file their class action in 2009, the district court dismissed it as barred by the statute of repose. Because the statute of repose ceased to be tolled when the class certification order was vacated, we AFFIRM.

I

The facts relevant to the instant case begin with an identical lawsuit brought against the Variable Annuity Life Insurance Company (“VALIC”) by another set of…