Dark Peak Drive v. Del Webb Communities

FACTS AND PROCEDURAL HISTORY The underlying case involved over 900 plaintiffs comprised of homeowners and homeowner associations within the Sun City Summerlin housing development. The case began as an attempted class action, but after the district court denied class certification, it proceeded as a joinder action. The primary defect raised by plaintiffs involved the stucco system used in constructing the homes. Following a trial and jury deliberations that spanned several months, the jury returned a verdict awarding damages to 71 plaintiffs but nothing to the remaining plaintiffs. Plaintiffs…