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

AZAPP Blog - 2016

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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