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

AZAPP Blog - 2018

Feb
15
2018

Miller Designs v. US Bank (2/13/2018)

Arizona Court of Appeals Division One holds that a creditor may revoke its acceleration of debt by including an acceleration revocation clause in a notice of cancellation of trustee’s sale.

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Feb
15
2018

Levine v. Haralson, Miller, Pitt, Feldman & McNally, P.L.C. (1/25/2018)

Arizona Court of Appeals Division One holds that an attorney who does not have a written fee agreement with his client in a contingency fee case may not recover the value of legal services provided in quantum meruit.

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Feb
13
2018

Phoenix Newspapers, Inc. v. Hon. Otis/Allen (1/23/2018)

The Arizona Court of Appeals Division One holds that a court’s prohibition on media publication of the lead prosecutor’s name during a death penalty trial is an impermissible prior restraint in violation of the First Amendment.

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Feb
12
2018

Zwicky v. Premiere Vacation Collection Owners Association (1/23/2018)

Arizona Court of Appeals Division One holds that a timeshare owner has the statutory right to inspect association records in preparation for a lawsuit.

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Feb
12
2018

Hopi Tribe v. Arizona Snowbowl Resort Ltd. P’ship (2/9/2018)

Arizona Court of Appeals Division One holds that allegations of interference with sites of cultural and religious significance are sufficient allegations of “special injury” to establish a tribe’s standing to bring a public nuisance claim.

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Feb
7
2018

Vanoss v. BHP Copper Inc. (1/8/2018)

Arizona Court of Appeals Division Two holds that a mine owner does not owe a non-delegable duty to the employees of an independent contractor.

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Feb
7
2018

Legacy Foundation Action Fund v. Citizens Clean Elections Commission (1/25/2018)

Arizona Supreme Court holds that a party’s failure to timely file an appeal from an agency decision deprives the appellate court of jurisdiction to hear the appeal, even when the agency’s jurisdiction is challenged.

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Jan
25
2018

News (1/24/2018)

Vice Chief Justice Pelander steps down as Vice Chief; Brutinel to become Vice Chief

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Jan
23
2018

Zubia v. Shapiro (1/12/2018)

Arizona Supreme Court holds that a homeowner who fails to obtain an injunction before a trustee’s sale may not bring a claim for damages that depends on the sale’s invalidity.

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Jan
23
2018

Muscat v. Creative Innervisions, LLC (12/26/2017)

Arizona Court of Appeals Division One holds that a person who has been lawfully incarcerated for a criminal conviction has not suffered a legally cognizable injury for purposes of establishing a negligence claim when the alleged harm flows solely from the incarceration.

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Jan
23
2018

Compassionate Care Dispensary v. Arizona Department of Health Services (1/16/2018)

Arizona Court of Appeals Division One holds that a prospective marijuana dispensary is not required to obtain a conditional use permit to participate in a lottery for a medical marijuana dispensary registration certificate.

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Jan
23
2018

Jackson v. Eagle KMC LLC (1/16/2018)

Arizona Court of Appeals Division One holds that after workers’ compensation has been paid, the law of the state of adjudication and compensation governs subrogation, lien, and assignment rights.

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Jan
16
2018

News (1/16/2018)

Governor Ducey appoints Weinzweig to Court of Appeals

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Jan
16
2018

Rodgers v. Huckleberry (12/14/2017)

Arizona Court of Appeals Division Two holds that a county board of supervisors need not comply with competitive bidding procedures when it leases property pursuant to its economic development authority.

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Jan
9
2018

Lunney v. State (12/7/2017)

Arizona Court of Appeals Division One holds that a state agency must search multiple databases if necessary to adequately respond to a public records request.

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Jan
9
2018

Richardson v. All Services Unlimited, Inc. (12/14/2017)

Arizona Court of Appeals Division One holds that amended complaint adding an additional party relates back to original complaint for purposes of Rule 15(c) where additional party knew or should have known that action would have been asserted against it but for mistake.

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Jan
8
2018

Employment Opportunity (1/8/2018)

Arizona Court of Appeals Division One seeks Criminal Staff Attorney


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