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

AZAPP Blog - 2016

Aug
22
2016

Markham Contracting Co. v. FDIC (8/9/2016)

Arizona Court of Appeals Division One holds that equitable subrogation does not extinguish a second-position mechanic’s lien when the higher priority deed of trust is purchased at a trustee’s sale by a credit bid that exceeds the subrogation amount.

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Aug
18
2016

AOR Direct L.L.C. v. Buteo (8/4/2016)

Arizona Court of Appeals Division One holds that a supersedeas bond pursuant to A.R.S. § 12-2108 cannot be reduced by the amount of a previously released prejudgment provisional remedy or by an attorneys’ fee award in a related but separate action.

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Aug
18
2016

Lewis v. Ariz. State Personnel Board (7/7/2016)

Arizona Court of Appeals Division One holds that an agency may reverse or modify a decision of the State Personnel Board without giving deference to the Board’s findings.

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Aug
18
2016

Ahmad v. State (7/12/2016)

The Arizona Court of Appeals Division One holds that remittitur in wrongful death cases must be based on specific findings.

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Aug
5
2016

Brumett v. MGA Home Healthcare, LLC (7/28/2016)

Arizona Court of Appeals Division One holds that the Court of Appeals has jurisdiction over non-final judgments or orders lacking Rule 54(b) and (c) language when a statute authorizing appellate jurisdiction expressly permits appellate review of non-final judgments or orders.

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Aug
3
2016

Flynn v. Campbell (7/19/2016)

Arizona Court of Appeals Division One holds that an amended complaint against an insured may relate back to the filing date of a complaint that incorrectly named an insurer.

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Jul
29
2016

Miller v. Indus. Comm’n (7/14/2016)

Arizona Court of Appeals Division One holds that an ALJ’s decision concerning the nature of an underlying injury precluded a different ALJ from coming to a contrary conclusion on the nature of a claimant’s underlying injury when a claim is reopened.

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Jul
29
2016

Hogue v. City of Phoenix (7/14/2016)

Arizona Court of Appeals Division One holds that police departments and their crime labs have no duty of care to investigate and apprehend offenders without delay in order to protect unknown future victims.

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Jul
29
2016

Cramer v. Starr (7/18/2016)

Arizona Supreme Court holds that the original tortfeasor rule does not preclude a defendant from alleging and proving fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant’s tort.

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Jul
19
2016

First American Title Co. v. Johnson Bank (6/13/2016)

Arizona Supreme Court holds that, if a title insurance policy is ambiguous as to the date from which to measure loss, relevant policy factors may require the property value to be calculated from the date of the insurance policy.

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Jul
19
2016

Schlussel v. Gerlach (7/5/2016)

Arizona Court of Appeals Division One holds that the time to renew an amended judgment runs from the date the amended judgment is entered, not the date of the original judgment, and that the renewal of an amended judgment is effective as to all relief granted in the amended judgment.

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Jul
18
2016

Delgado ex rel. Estate of Shaw v. Manor Care of Tucson, AZ, LLC (6/28/2016)

Arizona Court of Appeals Division Two holds that the failure to seek medical care for vulnerable adult’s acute medical condition can support a claim of abuse or neglect under the Arizona Adult Protective Services Act.

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Jul
18
2016

Special Fund v. La Palma (6/21/2016)

Arizona Court of Appeals Division One holds that an employer is entitled to apportionment for an employee’s pre-existing mental health condition when the employee received outpatient mental health treatment.

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Jul
18
2016

Garza v. Swift Transp. Co. (7/12/2016)

Arizona Court of Appeals Division One holds that choice-of-law issues did not present manageability concerns compelling decertification in a class-action lawsuit.

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Jul
8
2016

Hatch Dev., LLC v. Solomon (6/21/2016)

Hatch Dev., LLC v. Solomon (6/21/16): Arizona Court of Appeals Division One holds that a common law indemnity claim does not require the indemnity plaintiff to establish that it has discharged a legal obligation owed to a third party if the indemnity defendant was actually at fault for the alleged harm.

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Jul
6
2016

Sanders v. Alger (6/16/2016)

Sanders v. Alger (6/16/16): Arizona Court of Appeals Division Two holds that the firefighter doctrine does not apply to a state-funded in-home caregiver pursuing a negligence claim against a patient.

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Jul
1
2016

Narang v. Ranjan (6/23/2016)

Arizona Court of Appeals Division One holds that non-concurrent interests in a trust property do not preclude portioning the property under A.R.S. § 12-1220(A).

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Jul
1
2016

Sirrah v. Wunderlich (6/16/2016)

Arizona Court of Appeals Division One holds that attorneys’ fees may be properly awarded under A.R.S. § 12-341.01 on a claim for breach of the implied warranty of workmanship and habitability.

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Jul
1
2016

Verduzco v. American Valet (6/21/2016)

Arizona Court of Appeals Division One holds that valet parking services are not exempt from negligent entrustment claims under Arizona law.

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Jul
1
2016

State v. Culver (6/7/2016)

Arizona Court of Appeals Division One holds that a claimant who fails to file a timely and sufficient notice of claim is not a party to a civil forfeiture action and therefore lacks standing to file a motion to set aside the judgment pursuant to Rule 60(c).

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Jun
27
2016

Southwest Barricades, LLC v. Traffic Management, Inc. (6/10/2016)

Arizona Court of Appeals Division One holds that Rule 60(c) cannot be used to set aside an arbitration award that is not entered as a final judgment.

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Jun
27
2016

Landon v. The Indus. Comm’n of Ariz (6/9/2016)

Arizona Court of Appeals Division One holds that a workers’ compensation claimant released to full-duty employment may receive temporary partial disability benefits where the claimant can show a loss of earning capacity.

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Jun
27
2016

ACLU v. Ariz. Dept. of Child Safety (6/9/2016)

Arizona Court of Appeals Division One holds that a public entity must search electronic databases in response to public records requests but has no obligation to create new records.

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Jun
20
2016

Lee v. ING Inv. Mgmt., LLC (6/16/2016)

Arizona Court of Appeals Division One holds that a Rule 68 offer of judgment resolves all claims, precluding appeal of any prior interlocutory orders.

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Jun
20
2016

RS Industries v. Candrian (6/7/2016)

Arizona Court of Appeals Division One holds that A.R.S. § 12-3025 authorizes recovery of non-taxable expenses and not just taxable costs.

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Jun
15
2016

Keg Restaurants Arizona v. Jones (6/2/2016)

Arizona Court of Appeals Division One affirms the trial court’s rulings based on sufficiency of the evidence and holds that jury instructions regarding agency agreements and contract modification were accurate.

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Jun
14
2016

Compass v. Bennett (5/31/2016)

Arizona Court of Appeals Division One holds that a creditor need not expressly waive a security interest under a deed of trust before suing to enforce a note.

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Jun
6
2016

Abbott v. Banner Health Network (5/23/2016)

The Arizona Supreme Court holds that settlement agreements resolving hospital liens against AHCCCS patients are valid.

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Jun
2
2016

City of Phoenix v. Glenayre Elec. Inc. (5/19/2016)

Arizona Court of Appeals Division One holds that the repose period found in A.R.S. § 12-522 applies to governmental entities and that claims based on provisions of municipal permits can be considered as arising out of contract.

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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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