Albano v. Shea Holmes

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Procedure
  • Date Filed: 11-21-2011
  • Case #: 09-15808
  • Judge(s)/Court Below: Senior Circuit Judge Ripple for the Court; Circuit Judges R. Fisher and Ikuta
  • Full Text Opinion

Certified questions of state law ruled upon by the Arizona Supreme Court are applied both retroactively and prospectively.

The Ninth Circuit certified several questions of state law to the Arizona Supreme Court. The Arizona Supreme Court rulings were determinative that the appellant’s claims were time barred. Appellant’s then argued that the Arizona Supreme Court rulings should be applied only prospectively. With regard to this claim, the Ninth Circuit noted that (1) the appellants had waived it by not timely raising it, (2) Chevron Oil Co. v. Hudson was not applicable because the Arizona Supreme Court ruling was on state law, not federal, (3) Arizona law normally applied such decisions both retroactively and prospectively, and (4) both parties agreed that Arizona Rulings put an end to the litigation before the Ninth Circuit. The Ninth Circuit held that because the rulings on the certified questions from the Arizona Supreme Court applied retroactively, the district court had properly dismissed the claim. AFFIRMED.

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