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SHUETTE v. BEAZER HOMES HOLDINGS CORP.

No. 41611, 41768.

124 P.3d 530 (2005)

Darwin SHUETTE, Individually; Marc Floyd, Individually; and Diana Todd, Individually, Appellants, v. BEAZER HOMES HOLDINGS CORPORATION, a Delaware Corporation; and Beazer Homes Nevada, Inc., a Nevada Corporation, Respondents. Beazer Homes Holdings Corporation, a Delaware Corporation; and Beazer Homes Nevada, Inc., a Nevada Corporation, Appellants, v. Darwin Shuette, Individually; Marc Floyd, Individually; and Diana Todd, Individually, Respondents.

Supreme Court of Nevada.

December 15, 2005.

Attorney(s) appearing for the Case

Robert C. Maddox & Associates and Samuel S. Crano, Nancy A. Cyra and Robert C. Maddox, Las Vegas, for Appellants in No. 41611 and Respondents in No. 41768.

Beckley Singleton, Chtd., and Daniel F. Polsenberg, Las Vegas; Koeller Nebeker Carlson & Haluck, LLP, and Robert C. Carlson Jr. and Megan K. Dorsey, Las Vegas, for Respondents in No. 41611 and Appellants in No. 41768.

Bradley Drendel & Jeanney and Thomas E. Drendel, Reno, for Amicus Curiae Nevada Trial Lawyers Association.

Jones Vargas and James L. Wadhams, Las Vegas, for Amici Curiae Southern Nevada Homebuilders Association and Nevada Subcontractors Association.

Before the Court En Banc.

OPINION

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...

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