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

AZAPP Blog - 2017

Oct
17
2017

Shah v. Baloch (10/12/2017)

The Arizona Court of Appeals Division One holds that there is no equitable exception to ERISA’s anti-alienation bar prohibiting the garnishment of funds that a plan participant or beneficiary fraudulently conveys to a qualified pension plan.

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Oct
12
2017

Flynn v. Campbell (9/22/2017)

Arizona Supreme Court holds that under Arizona Rule of Civil Procedure 15(c), an amended complaint naming a new defendant relates back to the original complaint if (among other things) the newly added defendant knew or should have known the plaintiff mistakenly failed to name him or her as a party in the original complaint.

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Oct
12
2017

Swenson v. County of Pinal (8/22/2017)

The Arizona Court of Appeals Division Two holds that a government entity does not waive the protections of Arizona’s notice of claim statute by procuring liability insurance.

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Oct
6
2017

McLaughlin v. McLaughlin (9/19/2017)

Arizona Supreme Court holds that a statute that establishes a presumption of parentage for a man who is married to a woman who gives birth must extend the same benefit to a same-sex spouse.

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Oct
4
2017

Governor Ducey appoints new judges to Arizona Court of Appeals (10/4/2017)

News

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Sep
25
2017

Stambaugh v. Killian (8/3/2017)

Arizona Supreme Court holds that Arizona law prohibits the Department of Agriculture from recording two brands of the same design, regardless of their location.

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Sep
25
2017

McCleary v Tripodi (8/11/2017)

Arizona Court of Appeals Division Two holds that a motion for reconsideration does not necessarily prevent ARCAP 9(c) from saving a premature notice of appeal.

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Sep
25
2017

Twin City v. Leija (8/31/2017)

Arizona Court of Appeals Division One holds that when a worker who has collected worker’s compensation from his employer settles a claim against a third party for less than the limits of the third party’s insurance, the worker may obtain a judicial determination of whether a lien placed on the settlement funds by his employer’s insurance carrier should be reduced to account for the employer’s comparative fault.

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Sep
6
2017

State ex rel. Brnovich v. City of Tucson (8/17/2017)

Arizona Supreme Court holds that (1) a law permitting legislators to require Attorney General to investigate and litigate a municipality’s alleged violation of state law is constitutional, and (2) a generally applicable state statute regarding disposal of firearms supersedes local ordinance regarding disposal of firearms.

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Sep
5
2017

Pawn 1st, LLC v. City of Phoenix (8/10/2017)

The Arizona Supreme Court holds that (1) to obtain an area variance, an applicant must show that strictly applying a zoning ordinance will cause “peculiar and exceptional practical difficulties” that deprive a property of privileges enjoyed by other similarly zoned properties, and (2) the applicant’s desire to use the property for purposes allowed on other similarly zoned properties does not constitute a self-imposed special circumstance justifying denial of an area variance.

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Sep
5
2017

Sign Here Petitions LLC v. Chavez (8/29/2017)

Arizona Court of Appeals Division One holds that a plaintiff suing for defamation must meet a heightened standard at summary judgment by showing with convincing clarity that considering all of the circumstances the allegedly defamatory statement is capable of defamatory meaning from the point of view of a reasonable person.

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Sep
5
2017

Sirrah Enterprises v. Wunderlich (8/9/2017)

The Arizona Supreme Court holds that the successful party on a claim for breach of the implied warranty of workmanship and habitability qualifies for an attorney-fee award under either a contractual fee provision or A.R.S. § 12-341.01.

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Sep
5
2017

Bank of America, N.A. v. Felco Business Services, Inc. (8/29/2017)

Arizona Court of Appeals Division One holds that a claim of senior priority under the doctrine of equitable subrogation is not waived for failure to object to a trustee’s sale.

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Sep
5
2017

Cruz v. City of Tucson (8/1/2017)

Arizona Court of Appeals Division Two holds that an abuse-of-process claim accrues from the date the alleged abused occurs.

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Aug
4
2017

Hamblen v. Hatch (7/21/2017)

The Arizona Supreme Court holds that Arizona law recognizes the arbitration “separability” doctrine.

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Aug
4
2017

Arizona Chamber of Commerce & Industry v. Kiley (8/2/2017)

The Arizona Supreme Court holds that Proposition 206 does not violate the Revenue Source Rule, Separate Amendment Rule, or Single Subject Rule of the Arizona Constitution.

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Jul
30
2017

Yahweh v. City of Phoenix (7/11/2017)

Arizona Court of Appeals Division One holds that a notice of claim to a public entity that only lists the alleged amount of damages does not satisfy the requirement of including a settlement offer.

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Jul
20
2017

Soto v. Sacco (7/13/2017)

The Arizona Supreme Court holds that a trial court may order a remittitur when the damages are excessive and should explain its reasoning.

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Jul
13
2017

BNCCORP, Inc. v. HUB Int’l Ltd. (7/11/2017)

Arizona Court of Appeals Division One holds that a parent may bind its subsidiary to a jury trial waiver and an insurance broker does not breach the duty of care by failing to perform independent risk evaluation in the absence of a specific request from the insured.

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Jul
13
2017

Security v. Fuller (7/6/2017)

Arizona Court of Appeals Division One holds that, under the Federal Arbitration Act, a party that does not request arbitration in its answer but raises the issue of arbitration twenty-nine days later has not waived its right to arbitration unless prejudice is shown.

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Jul
10
2017

Delgado v. Manor Care (6/20/2017)

Arizona Supreme Court holds that an injury to a vulnerable adult need not be related to the condition which makes her a vulnerable adult to give rise to an actionable claim for neglect of a vulnerable adult under Arizona’s Adult Protective Services Act.

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Jul
10
2017

First-Citizens Bank & Trust Co. v. Morari (6/15/2017)

Arizona Court of Appeals Division Two holds that guarantors’ spouses who did not sign the guaranties cannot be held liable under Arizona law nor bound by California choice-of-law provisions in the guaranties.

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Jul
10
2017

State v. Maricopa County Community College District Board (6/21/2017)

Arizona Court of Appeals Division One holds that Arizona’s public post-secondary schools may not offer resident tuition to students benefiting from the federal Deferred Action for Childhood Arrivals program.

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Jul
10
2017

Carrington Mortgage Services v. Woods (6/22/2017)

The Arizona Court of Appeals Division One holds that an action for forcible entry and detainer accrues when a written demand of possession is served.

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Jul
10
2017

Mohave County v. Ariz. Dep’t Water Res. (6/20/2017)

Arizona Court of Appeals Division One holds that the limitation on fees in A.R.S. § 12-348(E)(4) does not apply to an award of attorneys’ fees under A.R.S. § 12-348.01.

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Jul
10
2017

Wal-Mart Stores, Inc. v. LeMaire (5/11/2017)

Arizona Court of Appeals Division One holds that registered foreign corporations in Arizona are not automatically subject to general personal jurisdiction in Arizona courts, and that the commercial activity of a foreign corporation within the state does not create general personal jurisdiction over that corporation.

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Jul
10
2017

U.S. Bank, N.A. v. JPMorgan Chase Bank, N.A. (6/29/2017)

Arizona Court of Appeals Division One holds that, under doctrines of replacement and equitable subrogation, new mortgage retains priority of senior mortgage only to the extent new proceeds were used toward repayment of senior mortgage.

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Jul
7
2017

Boruch v. Arizona (6/20/2017)

Arizona Court of Appeals Division One holds that A.R.S. § 12-1802(4) and (6) do not bar a suit to enjoin public officers from exceeding their statutory authority or arbitrarily or unreasonably exercising their discretionary authority.

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Jul
7
2017

Sanders v. Alger (6/1/2017)

The Arizona Supreme Court holds that, for purposes of a negligence claim, a patient owes a duty of reasonable care to a caregiver allegedly injured by the patient’s actions.

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Jul
6
2017

Wagner v. Arizona (4/20/2017)

The Arizona Court of Appeals Division One holds that an employee of a private contractor who provides health services in a state-owned prison is a statutory employee for purposes of Arizona’s workers’ compensation system.

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Jul
6
2017

Gordon v. Brooks (5/30/2017)

Arizona Court of Appeals Division One holds that a personal representative of an estate is not entitled to certain immunities in contract actions if the representative failed to disclose the representative capacity and identify the estate in the contract.

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Jun
16
2017

Horne v. Polk (5/25/2017)

Arizona Supreme Court holds that the same person may not issue an initial administrative decision finding violations and ordering remedies, participate personally in the prosecution of the case, and then make a final agency decision.

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Jun
5
2017

Arizona State Univ. v. Arizona State Ret. Sys (5/11/2017)

Arizona Court of Appeals Division One holds that an obligation to refund an overpayment accrues prejudgment interest at 10% per year.

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May
31
2017

Johnson v. Arizona Registrar of Contractors (5/25/2017)

Arizona Court of Appeals Division One holds that A.R.S. § 12-904(A) requires a party appealing a decision of the Arizona Registrar of Contractors to file a notice of appeal with the superior court, not the Registrar.

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May
31
2017

City of Phoenix v. Glenayre Electronics, Inc. (5/10/2017)

Arizona Supreme Court holds that A.R.S. § 12-510’s eight-year statute of repose applies to contract-based actions brought by governmental entities, but not to actions between parties without a contractual relationship.

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May
31
2017

Williamson v. O’Brien (5/16/2017)

Arizona Court of Appeals Division One holds that failure to file an expert affidavit under A.R.S. § 12-2603 in a medical malpractice action does not justify dismissal with prejudice.

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May
25
2017

Glazer v. Arizona (5/16/2017)

Arizona Court of Appeals Division One holds that the reduced interest rate described in A.R.S. § 41-622(F) applies only to that part of a judgment that is ultimately paid from the Risk Management Revolving Fund.

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May
22
2017

Parsons v. Ariz. Dep’t Health Servs. (5/2/2017)

Arizona Court of Appeals Division One holds that the state may consider convictions that have been set aside in determining whether to grant, deny, or revoke a medical marijuana caregiver registration card.

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May
8
2017

Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC (4/25/2017)

Arizona Supreme Court holds that a 5% late fee for a balloon payment on a commercial loan did not approximate the anticipated or actual loss from late payment, and therefore was not enforceable as liquidated damages.

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May
2
2017

Palmer v. City of Phoenix (3/30/2017)

Arizona Court of Appeals Division One holds that a dedication of a road to the City of Phoenix for the “use of the public” does not prohibit the City from later abandoning the roadway.

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May
2
2017

Gersten v. Sun Pain Mgmt., PLLC (4/18/2017)

Arizona Court of Appeals Division One holds that the Arizona Medical Marijuana Act does not provide a registered qualifying patient with a private cause of action against a physician.

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May
2
2017

Digital Systems Engineering, Inc. v. Moreno (4/18/2017)

Arizona Court of Appeals Division One holds that when a married couple divorces and then remarries, a judgment against one spouse’s undivided one-half interest in the first marital community does not permit the judgment holder to garnish that spouse’s wages after entering into the second marriage.

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May
2
2017

Green Cross Medical, Inc. v. Gally (4/18/2017)

Arizona Court of Appeals Division One holds that a lease for a medical marijuana dispensary is not void for illegality.

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May
2
2017

Passmore v. McCarver (4/6/2017)

Arizona Court of Appeals Division One holds that a dismissal for failure to file preliminary expert affidavits in a medical malpractice case is a dismissal for failure to prosecute under Arizona’s savings statute.

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May
2
2017

Di Giacinto v. Ariz. State Retirement Sys (4/4/2017)

Arizona Court of Appeals Division One holds that a former spouse is treated as a “spouse” for ASRS survivor benefits awarded under a domestic relations order.

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May
2
2017

American Power Products v. CSK Auto (3/23/2017)

The Arizona Supreme Court holds that when a contract (1) contains a provision awarding fees to the “prevailing party,” and (2) states that Arizona law governs the rights and remedies available under the contract, then A.R.S. § 12-341.01 provides the applicable definition of “prevailing party.”

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May
2
2017

ZB, N.A. v. Hoeller (4/25/2017)

Arizona Court of Appeals Division One holds that when the promissory note’s choice-of-law provision conflicts with the choice-of-law provision in a related deed of trust, the promissory note’s provision controls in a deficiency action following a trustee’s sale.

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May
2
2017

Ciena Capital Funding, LLC v. Krieg’s, Inc. (4/7/2017)

Arizona Court of Appeals Division Two holds that when a contract allows a party to elect which of several states’ laws apply, the party need not exercise its right before filing a substantive motion if its election does not contradict its earlier positions.

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May
2
2017

Earle Investments, LLC v. Southern Desert Medical Center Partners (4/13/2017)

Arizona Court of Appeals Division One holds that subordination agreements operate as deeds of trust conveying ownership interests in commercial condominium leases.

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Apr
20
2017

Arizona Cannabis Nurses Association v. Arizona Department of Health Services (3/16/2017)

Arizona Court of Appeals Division One holds that DHS has authority to impose conditions on use of marijuana for treatment of PTSD under the Arizona Medical Marijuana Act.

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Apr
18
2017

Boswell v. Fintelmann (3/9/2017)

Arizona Court of Appeals Division One holds that a court may not dismiss a malpractice claim with prejudice for failure to serve a preliminary expert opinion affidavit under A.R.S. § 12-2603(B).

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Apr
6
2017

Acri v. Arizona (3/30/2017)

Arizona Court of Appeals Division One holds that the State does not owe a duty to protect local residents from a naturally occurring wildfire.

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Apr
6
2017

Mertola v. Santos (3/2/2017)

Arizona Court of Appeals Division One holds that a claim for the entire unpaid balance of a credit card is not triggered until the lender demands payment in full on the account.

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Apr
6
2017

VARCO v. UNS Electric (3/23/2017)

Arizona Court of Appeals Division Two holds that repeated attorney misconduct can be basis of new trial order if the misconduct is prejudicial, even if the court does not make a finding that the jury’s verdict was incorrect.

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Apr
4
2017

Wade v. Ariz. State Retirement Sys. (3/23/2017)

Arizona Supreme Court holds that an employer’s contributions into a deferred compensation plan are “compensation” for purposes of the Arizona State Retirement System.

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Apr
4
2017

Wassef v. Arizona State Board of Dental Examiners (3/28/2017)

Arizona Court of Appeals Division One holds that the Dental Board does not violate due process by summarily suspending a dentist’s license without a prior hearing in emergency circumstances so long as the dentist receives a prompt hearing afterward.

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Mar
31
2017

Biggs v. Betlach (3/16/2017)

Arizona Court of Appeals Division One holds that a hospital assessment does not require a super-majority vote when it is not a tax and is authorized by statute, not prescribed by formula, amount, or limit, and set by a state officer or agency.

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Mar
3
2017

Gullett v. Kindred Nursing Centers West, L.L.C. (2/15/2017)

Arizona Court of Appeals Division Two holds that on a motion to compel arbitration, limited discovery on the issue of procedural unconscionability is permissible.

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Mar
2
2017

Equity Income Partners, LP v. Chicago Title Insurance Co. (2/7/2017)

Arizona Supreme Court holds that lenders full-credit bid made at trustee sale does not terminate or reduce coverage under standard form title insurance policies.

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Feb
23
2017

Orosco v. Maricopa County Special Health Care District (2/2/2017)

Arizona Court of Appeals Division One holds that a subsequent Rule 68 offer of judgment does not extinguish the effect of an offeree’s failure to accept a prior offer of judgment when both offers were more favorable to the offeree than the ultimate judgment.

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Feb
21
2017

Zuluaga v. Bashas’, Inc (2/3/2017)

Arizona Court of Appeals Division Two holds that a trial court’s error in limiting the scope of voir dire may not be reversible error when the challenging party has not shown the error caused prejudice.

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Feb
16
2017

Helvetica Servicing, Inc. v. Giraudo (2/9/2017)

Arizona Court of Appeals Division One holds that the redemption price for a junior lienholder is the sale price of the secured property plus the outstanding value of the senior lienholder’s allowable deficiency judgment.

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Feb
3
2017

McKee v. State (12/30/2016)

Arizona Court of Appeals Division One holds that an agency may approve an intergovernmental agreement with a perpetual duration without passing a separate resolution extending the duration of the agreement.

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Feb
2
2017

Hayward v. Ariz. Central Credit Union (1/10/2017)

Arizona Court of Appeals Division One holds that a consumer may choose how to allocate partial judgment recovery among portions of judgment for purposes of bringing a claim against the holder of credit under 16 C.F.R. § 433.2.

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Feb
2
2017

Spring v. Bradford (1/12/2017)

Arizona Court of Appeals Division One holds that expert witnesses are not automatically exempted from the rule of exclusion, but that a trial court may exercise its own discretion to exempt an expert witness from the rule.

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Jan
31
2017

News about the Court of Appeals (1/31/2017)

News

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Jan
20
2017

New Supreme Court Justices hear first oral arguments. (1/18/2017)

News

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Jan
13
2017

Double AA Builders, Ltd. v. Preferred Contractors Ins. Co., LLC (12/30/2016)

Arizona Court of Appeals Division One holds that the “subcontractor exception” to a “your work” exclusion is unavailable to a general contractor seeking indemnification from a subcontractor’s insurance company for the cost of repairing faulty work done by the subcontractor.

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Jan
13
2017

Romero v. Hasan (1/5/2017)

Court of Appeals Division One holds that a party filing a medical malpractice claim may not satisfy the requirement of filing an expert opinion affidavit under A.R.S. § 12-2603(D) by presenting live testimony from the expert.

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Jan
10
2017

Owner-Operator Indep. Ass’n v. Pacific Financial Ass’n, Inc., (1/3/2017)

Arizona Court of Appeals Division One holds that motor carriers could not bring claims under the Arizona Trust Code against a trust established to pay debts but could bring claims under the common law of trusts.

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Jan
10
2017

White Mountain Health Center, Inc. v. Maricopa County (12/20/2016)

Arizona Court of Appeals Division One holds the federal Controlled Substance Act does not preempt state officials from processing and approving zoning for medical marijuana dispensaries and further holds that Arizona’s Medical Marijuana Act does not allow zoning ordinances to completely ban such dispensaries.

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Jan
10
2017

Coombs v. Maricopa County Special Health Care District (12/13/2016)

Arizona Court of Appeals Division One holds that the Administrative Review Act does not establish jurisdiction for review of a political subdivision’s decisions.

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Jan
10
2017

Coulter v. Grant Thornton LLP (1/3/2017)

Arizona Court of Appeals Division One holds that statute of limitations for accounting malpractice claims begins to run when plaintiff discovered, or reasonably should have discovered, that accounting advice caused injury.

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Jan
10
2017

ABCDW, LLC v. Lloyd E. Banning, Sr. (12/30/2016)

Arizona Court of Appeals Division One holds that, absent contractual language to the contrary, a crop is a fixture if the farmer who plants it knows that its useful life will extend beyond the last year of his fixed-term tenancy.

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Jan
6
2017

Harper v. State (12/27/2016)

Arizona Court of Appeals Division One holds that at-will employees do not have a claim for wrongful termination based on the public policy underlying the termination-for-cause requirements of Arizona’s State Personnel System.

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Jan
6
2017

Villasenor v. Evans (12/20/2016)

Arizona Court of Appeals Division One holds that the notice of claim requirement in A.R.S. § 12-821.01 applies to claims against elected city officials.

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