Legal Opinion

Shuette v. Beazer Homes Holdings Corp.

Nevada Supreme Court

Decided December 15, 2005No. 41611, 41768PublishedCited by 96 opinions

1Opinion of the Court

OPINION

By the Court, Hardesty, J.:

In these consolidated appeals, we determine whether class action certification is appropriate in constructional defect cases. Because single-family residence constructional defect litigation often raises diverse, individualized claims and defenses, we conclude that, generally, the requirements for class action certification cannot be met. Consequently, the district court erred in granting class action certification in this case, and we reverse the judgment.

We also take this opportunity to address other important issues affecting our constructional defect…

2Cases cited69 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
  4. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977
  5. General Telephone Co. of the Northwest, Inc. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1980

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3Cited by96 opinions

  1. D.R. Horton, Inc. v. Eighth Judicial District CourtNevada Supreme Court · 2007
  2. Tien Fu Hsu v. County of ClarkNevada Supreme Court · 2007
  3. Albios v. Horizon Communities, Inc.Nevada Supreme Court · 2006
  4. Skender v. Brunsonbuilt Construction & Development Co.Nevada Supreme Court · 2006
  5. Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011

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