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

AZAPP Blog - 2016

May
26
2016

Sierra Tucson v. Bergin (5/11/2016)

Arizona Court of Appeals Division Two holds that a forum selection clause signed by a decedent does not bind the decedent’s statutory beneficiaries in a wrongful death action.

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May
26
2016

Rasor v. Northwest Hospital (5/17/2016)

Arizona Court of Appeals Division Two holds that a party may find a new medical standard of care expert witness after another party challenges the expert.

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May
24
2016

Soto v. Sacco (5/19/2016)

Arizona Court of Appeals Division One holds that an order granting a Rule 59(i) motion for remittitur must be signed to be appealable.

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May
19
2016

S&S Paving and Construction, Inc. v. Berkley Regional Ins. Co. (5/12/2016)

S&S Paving and Construction, Inc. v. Berkley Regional Ins. Co. (5/12/2016): Arizona Court of Appeals Division One holds that Arizona’s Little Miller Act does not authorize claims for bad faith against sureties on payment bonds for public work projects.

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Apr
22
2016

Pawn 1st, LLC v. City of Phoenix (4/12/2016)

Arizona Court of Appeals Division One holds that a zoning variance altering the distance required between a pawn shop and a residential neighborhood is an “area” variance, not a “use” variance.

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Apr
19
2016

Newman v. Select Specialty Hospital-Arizona, Inc. (4/7/2016)

Arizona Court of Appeals Division One holds that costs that may be recovered under the Adult Protective Services Act are limited to taxable costs as defined in A.R.S. § 12-332.

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Apr
5
2016

Kobold v. Aetna Life Insurance Company (3/31/2016)

Arizona Court of Appeals Division One holds that 5 U.S.C. § 8902(m)(1) of the Federal Employee Health Benefits Act preempts Arizona law barring subrogation in personal injury cases.

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Apr
5
2016

Wade v. Ariz. State Ret. Sys. (3/31/2016)

Arizona Court of Appeals Division One holds that the definition of “compensation” under A.R.S. § 38-711(7) includes money paid by an employer to a deferred compensation plan.

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Apr
5
2016

Sotomayor v. Sotomayor-Muñoz (3/28/2016)

Arizona Court of Appeals Division Two holds that a motion to set aside the judgment in an eviction action does not toll the notice-of-appeal deadline.

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Mar
28
2016

Bank of New York Mellon Trust Company, N.A. v. Arizona HOA Acceptance, LLC (3/17/2016)

Arizona Court of Appeals Division One holds that a homeowners’ association assessment lien grants its holder a right of redemption following a mortgage foreclosure sale.

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Mar
25
2016

Kresock v. DePaoli (3/17/2016)

Arizona Court of Appeals Division One holds that attorneys’ fees imposed as sanctions pursuant to A.R.S. § 12-349 and Rule 11 are not “damages awarded” for purposes of calculating a supersedeas bond.

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Feb
16
2016

Wells Fargo Bank N.A. v. Hoag (1/28/2016)

Arizona Court of Appeals Division One holds that the statute and rule limiting the amount of bond for a stay of judgment pending appeal do not prevent the court from making other orders to preserve the status quo or the effectiveness of a judgment.

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Feb
15
2016

Justice Scalia has passed away. (2/13/2016)

AzApp News

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Feb
15
2016

Summers v. Gloor (2/2/2016)

Arizona Court of Appeals Division One holds that a party is not precluded from seeking equitable relief as an alternative to the contract defenses of recoupment and offset.

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Feb
12
2016

Murray v. Farmers Ins. Co. (1/19/2016)

Arizona Court of Appeals Division Two holds that an insured can pursue a claim of emotional distress against an insurer and that third-party beneficiaries can bring Consumer Fraud Act claims.

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Feb
12
2016

Carter v. Pain Center of Arizona, P.C. (5/10/2016)

Arizona Court of Appeals Division One holds that jury instructions for medical battery must address consent when the plaintiff claims a physician exceeded a patient’s limited consent.

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Feb
12
2016

American Power Products, Inc. v. CSK Auto, Inc. (2/5/2016)

Arizona Supreme Court holds that an evidentiary hearing is not required in the context of a motion for new trial based on an improper ex parte communication where there is no factual dispute regarding the communication.

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Feb
8
2016

Watts v. Medicis Pharm. Corp. (1/21/2016)

Arizona Supreme Court holds that, under the learned intermediary doctrine, a pharmaceutical manufacturer can satisfy its duty to warn by providing appropriate warnings to a prescribing physician; that the doctrine does not conflict with the Uniform Contribution Among Tortfeasors Act; and that the Consumer Fraud Act does not require a direct merchant-to-consumer transaction to support a patient’s statutory claim against a drug manufacturer.

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Feb
4
2016

Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC (1/28/2016)

Arizona Court of Appeals Division One holds that a lender cannot recover liquidated damages of 5% on a balloon payment for a conventional loan with a fixed interest rate because such damages are unreasonable and punitive in nature.

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Feb
4
2016

Watkins v. Arpaio (2/2/2016)

Arizona Court of Appeals Division One holds that the “continuing wrongs” doctrine does not toll the one year statute of limitations against public employees under A.R.S. § 12-821.

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Feb
2
2016

Escareno v. Kindred Nursing Centers West LLC (1/26/2016)

Arizona Court of Appeals Division Two holds that providing assistance to an elderly parent, without more, does not establish an agency relationship sufficient to allow the child to sign a contract on behalf of the parent.

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Feb
1
2016

Benevolent v. State (1/21/2016)

Arizona Court of Appeals Division One holds that a sweepstakes may constitute illegal gambling under A.R.S. § 13-3301(4) even if it offers free chances to win or is offered for a charitable purpose.

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Feb
1
2016

Russo v. Barger (1/26/2016)

Arizona Court of Appeals Division One holds that a party may waive a valid forum selection clause by substantially participating in litigation without promptly seeking its enforcement.

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Jan
29
2016

Tucson Estates Prop. Owners Assoc., Inc. v. McGovern (1/15/2016)

Arizona Court of Appeals Division Two holds that a fee award under § 12-341.01 is discretionary unless expressly provided for by the contract.

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Jan
11
2016

Hodai v. City of Tucson (1/7/2016)

Arizona Court of Appeals Division Two holds that redacted versions of police records must be disclosed under Arizona’s public records law if the records contain both sensitive and non-sensitive information.

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Jan
7
2016

Hiatt v. Shah (12/24/2015)

Arizona Court of Appeals Division One holds that receivership courts have broad equitable discretion to accept or reject claims made after a claims bar date.

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Jan
6
2016

Governor Ducey appoints Clint Bolick to Arizona Supreme Court. (1/7/2016)

News

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