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

AZAPP Blog - 2015

Jan
22
2015

Desert Palm Surgical Group v. Sherry Petta (1/15/2015)

Arizona Court of Appeals Division One holds that: a verdict that shocks the conscience requires a new trial on all issues; truth can be an absolute defense to defamation but not to false light invasion of privacy; and a medical battery claim is supported where the doctor willfully disregards the patient’s limited consent.

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Jan
16
2015

Everest Indemnity Insurance Company v. The Honorable John Rea (1/15/2015)

Arizona Court of Appeals Division One holds that an insurer does not waive the attorney-client privilege by asserting the defense of subjective good faith in a bad faith case unless it asserts that it depended on the advice of counsel in forming its subjective beliefs.

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Jan
7
2015

Arizona Supreme Court Minutes (1/7/2015)

The Arizona Supreme Court issued its minutes, and granted review in 2 cases.

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Jan
7
2015

MCA Financial Group, Ltd. v. Enterprise Bank & Trust (12/30/2014)

Arizona Court of Appeals Division Two holds that superior court cannot enter an order disgorging a receiver’s fees when the receiver has not been named as a party.

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Jan
5
2015

CSA 13-101 Loop, LLC v. Loop 101, LLC (12/31/2014)

Arizona Supreme Court holds that parties may not prospectively waive their right under A.R.S. § 33-814(A) to have the fair market value of property securing a promissory note credited against the amount owed on the note when the property is sold at a trustee’s sale.

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Jan
5
2015

KCI Restaurant Management LLC v. Holm Wright Hyde & Hays PLC, et al. (12/16/2014)

Arizona Court of Appeals Division One holds that a member cannot as a matter of law maintain a derivative action on behalf of a limited liability company under A.R.S. § 29-831 when ousted as member before the derivative action is filed.

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Jan
5
2015

Marco Crane & Rigging, Co. v. Masaryk (12/30/2014)

Arizona Court of Appeals Division One holds that a homeowner is entitled to “owner-occupant” status under A.R.S. § 33-1002(B) if the homeowner holds “owner-occupant” status when the lien is recorded.

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Jan
5
2015

Abbott v. Banner Health Network (12/23/2014)

Arizona Court of Appeals Division One holds that hospitals that accept payment from the Arizona Health Care Cost Containment System (“AHCCCS”) for services rendered to AHCCCS patients cannot seek to impose and enforce liens on funds the patients obtained from third-party tortfeasors related to services provided because such liens are invalid under federal law.

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Jan
5
2015

Biggs v. Cooper ex rel Brewer (12/31/2014)

Arizona Supreme Court holds that legislators have standing to challenge whether a bill was passed in a constitutional manner when the group has enough members to block a procedurally proper vote.

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Jan
5
2015

McKee v. Peoria Unified School District (12/2/2014)

Arizona Court of Appeals Division One holds that the promptness of a response to a public records request must be made in the context of the entire request rather than individual documents listed in the request.

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Jan
5
2015

Ernie Luna Jr. v. Industrial Commission of Arizona (12/22/2014)

Arizona Court of Appeals Division Two holds that long-term disability benefits paid to a claimant by a nonparty did not impact the timeliness of temporary compensation benefits and that an award of interest on temporary compensation benefits that were not timely paid is not precluded where the claimant received an overpayment of long-term disability benefits.

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