HALL v. VARIABLE ANNUITY LIFE INS. CO.

No. 12-20440.

727 F.3d 372 (2013)

John HALL and Brenda Hall, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. VARIABLE ANNUITY LIFE INSURANCE COMPANY; Variable Annuity Marketing Company; Variable Annuity Life Insurance Company Separate Account A; Valic Financial Advisors Incorporated; John A. Graf; Robert A. Devlin; Kent E. Barrett; Bruce R. Abrams; M. Kathleen Adamson; Mary L. Cavanaugh; Carl J. Santillo; Robert P. Condon; Rebecca G. Campbell; Unknown Parties, named as Does 1-100 inclusive, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 2013.


Attorney(s) appearing for the Case

Robert B. Carey, Esq. , Attorney, Leonard Wayne Aragon, Esq. , Attorney, Hagens Berman Sobol Shapiro, L.L.P., Phoenix, AZ, Austin P. Tighe, Jr. , Feazell & Tighe, L.L.P. Austin, TX, for Plaintiffs-Appellants.

Daniel McNeel Lane, Jr., Esq. , Akin Gump Strauss Hauer & Feld, L.L.P., San Antonio, TX, Ashley Brooke Vinson , Akin Gump Strauss Hauer & Feld, L.L.P., San Francisco, CA, for Defendants-Appellees.

Before STEWART, Chief Judge, and DAVIS and WIENER, Circuit Judges.


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...

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