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AZAPP Blog Your resource for news and analysis of cases in Arizona's appellate courts.

AZAPP Blog - 2019

Feb
14
2019

Supreme Court Report (2/5/2019)

The Supreme Court granted review in three cases during its February conference.

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Feb
11
2019

Event Announcement: The State of the Courts (2/14/2019)

The State Bar’s Appellate Practice Section is hosting a panel discussion on the state of the courts in Arizona featuring the Chief Justice of the Supreme Court and the Chief Judges of both divisions of the Court of Appeals.

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Feb
7
2019

Leach v. Reagan (12/6/2018)

Arizona Supreme Court holds that a person may not sue to invalidate a ballot initiative based on an allegation that the contents of a political action committee’s “statement of organization” failed to comply with A.R.S. § 16-906, and a person may sue based on the validity of any petition signatures, not just those included in the random sample used by the Secretary of State to determine the total number of valid signatures.

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Feb
7
2019

Rohan Mgmt., Inc. v. Jantzen (1/22/2019)

Arizona Court of Appeals Division One holds that in an action for involuntary judicial dissolution of a limited liability company, A.R.S. § 29-785(A) does not limit venue to the county in which the LLC’s known place of business is located.

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Feb
7
2019

Danial v. Indus. Comm’n of Ariz. (1/15/2019)

Arizona Court of Appeals Division One holds that an airport taxicab driver is not an employee of the cab company for workers’ compensation purposes when the airport exercises the most control over the driver’s work.

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Feb
6
2019

Applicants for Arizona Supreme Court Vacancy Announced (1/25/2019)

Thirteen individuals applied to fill the vacancy on the Arizona Supreme Court created by Justice Pelander’s retirement.

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Feb
6
2019

Eleven Applicants to Be Interviewed for Justice Pelander’s Seat (2/6/2019)

On March 1, 2019, the Commission on Appellate Court Appointments will interview eleven applicants for the Arizona Supreme Court vacancy created by Justice Pelander’s retirement.

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Jan
25
2019

Cleckner v. Ariz. Dep’t of Health Servs. (1/10/2019)

Arizona Court of Appeals Division One holds that an agency’s rules limiting the scope of midwifery practice were within the agency’s statutory authority.

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Jan
25
2019

Supreme Court Report (1/22/2019)

The Supreme Court granted review in three cases during its January conference.

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Jan
24
2019

Pro Bono Representation Program Update (1/8/2019)

The Chief Judge of Division One of the Arizona Court of Appeals has appointed two new Pro Bono Attorney Coordinators to recruit and coordinate private volunteer attorneys for the Court of Appeals Pro Bono Program.

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Jan
11
2019

Jackson v. Eagle KMC L.L.C. (1/2/2019)

Arizona Supreme Court holds that after workers’ compensation has been paid under one state’s laws, that state’s laws also govern assignment of rights.

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Jan
4
2019

Pac. W. Bank v. Castleton (12/27/2018)

Arizona Court of Appeals Division One holds that judgment creditor may not attach a judgment lien to homestead property, but instead may execute its judgment only by way of forced sale of the property under A.R.S. § 33-1105.

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Jan
4
2019

Aguirre v. Indus. Comm’n of Ariz. (12/4/2018)

Arizona Court of Appeals Division One holds that Administrative Law Judge’s blanket adoption of insurer’s post-hearing memorandum fails to resolve evidentiary and legal issues regarding worker’s compensation claim and sets aside Industrial Commission Award for failure to make findings with sufficient specificity to permit appellate review.

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Jan
2
2019

Conklin v. Medtronic, Inc. (12/18/2018)

Arizona Supreme Court holds that federal law impliedly preempts a state law failure-to-warn claim predicated on alleged noncompliance with federal reporting requirements.

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Jan
2
2019

Hopi Tribe v. Ariz. Snowbowl Resort Ltd. P’ship (11/29/2018)

Arizona Supreme Court holds that environmental damage to public land with religious, cultural, or emotional significance to the plaintiff is not a special injury for public nuisance purposes.

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Jan
2
2019

Stanwitz v. Reagan (11/27/2018)

Arizona Supreme Court holds that A.R.S. § 19-118(C), which requires petition circulators to appear for trial when subpoenaed, is constitutional both facially and as applied.

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Jan
2
2019

Spooner v. City of Phoenix (11/27/2018)

Court of Appeals Division One holds that qualified immunity shields a law enforcement officer from civil liability for simple negligence arising from investigative police work performed within the scope of the officer’s public duties.

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Jan
2
2019

Upcoming Event (1/10/2019)

The Appellate Practice Section of the State Bar is holding a seminar on amicus briefs on appeal.

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