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AZAPP Blog - 2014

Apr
22
2014

Magness v. Ariz. Registrar of Contractors (4/8/2014)

Arizona Court of Appeals Division One Holds That the Arizona Registrar of Contractors is Entitled to a Hearing Under A.R.S. § 32-1136(B) to Determine Whether an Applicant Has Met All of the Statutory Eligibility Requirements.

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Apr
17
2014

News Release (4/17/2014)

Travel site View from the Wing features Osborn Maledon attorney Eric M. Fraser’s analysis of Northwest v. Ginsberg, the latest U.S. Supreme Court case affecting members of airlines’ frequent flyer programs.

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Apr
10
2014

Southwest Non-Profit Housing Corp. v. Novak (3/31/2014)

Arizona Court of Appeals Division Two Holds That Under Restatement (Second) of Torts § 552, an Appraiser Does Not Owe a Duty of Care to a Seller if the Appraisal Is Not Intended to Be Used and Relied Upon by the Seller.

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Apr
9
2014

Pi’Ikea, LLC v. William Benson Williamson et al (3/26/2014)

Arizona Court of Appeals Division Two Holds Noteholder Has No Duty To Mitigate Damages When Pursuing Personal Guaranty That Expressly Waives Common Law Duty To Mitigate.

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Apr
3
2014

Tucson Unified School District v. Borek ex rel Gallagher (3/11/2014)

Arizona Court of Appeals Division Two Holds that Statutory Immunity for Felonies Committed by Public Employees Applies Unless Agency Had Actual Knowledge of Employee’s Propensity for the Crime

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Apr
1
2014

Sandretto v. Payson Healthcare Mgmt., Inc. (3/11/2014)

Arizona Court of Appeals Division Two Holds That Under Ariz. R. Evid. 702, a Medical Expert’s Testimony Is Admissible if the Expert Is Qualified to Testify About a Recognized Medical Condition, Regardless of Whether He Can Satisfy Certain Daubert Factors That Are More Appropriate for Products Liability Cases Dealing with Scientific Matters.

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Apr
1
2014

Ponce v. Parker Fire District (3/27/2014)

Arizona Court of Appeals Division One Holds That Failure To File Notice of Claim Is An Affirmative Defense Subject to Waiver.

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Mar
31
2014

Newman v. Cornerstone Nat’l Ins. Co. (3/27/2014)

Arizona Court of Appeals Division One Holds That a Premium Price is Not Required for a Written Offer of Underinsured Motorist Coverage to be Valid Under A.R.S. § 20-259.01(B).

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Mar
31
2014

Pivotal Colorado II, L.L.C. v. Ariz. Public Safety Personnel Retirement System (3/13/2014)

Arizona Court of Appeals Division One Holds That the Arizona Public Safety Personnel Retirement System Is a State Agency for Purposes of the Notice of Claim Statute and One-Year Statute of Limitations That Applies to Public Agencies.

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Mar
31
2014

TM2008 Investments, Inc. v. ProCon Capital Corp. (3/27/2014)

Arizona Court of Appeals Division One Holds That The Operating Agreement of a Limited Liability Company, not Fiduciary Duty Principles from the Law of Closely-Held Corporations or Partnerships, Determines What Duties the Members of the Limited Liability Company Owe Each Other.

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Mar
17
2014

Garbareno v. Whatley (2/28/2014)

Arizona Court of Appeals Division Two Holds That a Notice of Disallowance Sent by Certified Mail and Return Unopened to the Estate Was Constitutionally Insufficient.

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Mar
14
2014

J.D. v. Honorable Hugh Hegyi (3/11/2014)

Arizona Court of Appeals Division One Holds Parent of Minor Victim Cannot Refuse Defense Interview Once Victim Turns Eighteen.

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Mar
5
2014

Monroe v. BASIS School, Inc. (2/10/2014)

Arizona Court of Appeals Division Two Holds That a Charter School Does Not Owe a Duty of Care to Its Students as They Travel to and from School.

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Mar
5
2014

Stant v. City of Maricopa Employee Merit Board (2/25/2014)

Arizona Court of Appeals Division Two Affirms Termination of Police Sergeant’s Employment and That It Has Appellate Jurisdiction Over Appeals From a Superior Court’s Judgment Affirming Certain Municipal Decisions.

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Mar
3
2014

Munoz v. Industrial Commission of Arizona et al (2/10/2014)

Arizona Court of Appeals Division Two Holds that Income Earned as an Independent Contractor Should Not Be Included When Computing Average Monthly Wage for Workers’ Compensation Awards

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Mar
3
2014

Lopez v. Food City (2/25/2014)

Arizona Court of Appeals Division Two Holds That Plaintiff’s Notices of Appeal Were Untimely Under the Prior Version of Ariz. R. Civ. App. P. 9, and That The Newly Enacted Version of the Rule Does Not Apply Because Plaintiff’s Case Was No Longer Pending When The Rule Was Enacted.

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Feb
28
2014

Bell v. Maricopa County (1/30/2014)

Arizona Court of Appeals Division One Holds That the Seven-Day Waiting Period Required by A.R.S. § 23-1062(B) Must Be Satisfied by Temporary Total Disability on Consecutive Working Days.

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Feb
24
2014

Lerner v. DMB Realty (2/13/2014)

Arizona Court of Appeals Division One Holds That (1) Buyer Who Unknowingly Purchases Home Next Door To Registered Sex Offender May Pursue A Claim Of Fraud But Not A Claim For Negligent Failure To Disclose Against Seller Of Home Under A.R.S. § 32-2156(A)(3); and (2) The Duties Of A Real Estate Broker May Be Limited By Contract With The Informed Consent Of The Client.

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Feb
24
2014

Abeyta v. Soos (2/19/2014)

Arizona Court of Appeals Division Two Holds That Social Worker Cannot Use Joint Therapy Records of Non-Party in Litigation.

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Feb
21
2014

Fields v. Elected Officials’ Retirement Plan (2/21/2014)

Arizona Supreme Court Holds That Senate Bill 1609’s Impairment of the Formula for Calculating Cost of Living Adjustments Owed to Beneficiaries of the Elected Officials Retirement Plan Violates Article 29, § 1(C) of the Arizona Constitution.

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Feb
18
2014

Estate of Deborah A. Ethridge v. Recovery Management Systems, Inc. (2/13/2014)

Arizona Court of Appeals Division One Holds That Medicare Plan May Recover Medical Expenses From Enrollee’s Personal Injury Settlement.

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Feb
12
2014

Steinberger v. McVey (1/30/2014)

Arizona Court of Appeals Division One Holds That (1) a Party May Sue to Forestall a Trustee’s Sale by Asserting That the Trustee Lacks Authority to Conduct the Sale, and (2) if a Lender or Its Agent Offers to Modify a Loan, the Lender Must Act Reasonably in Processing the Loan Modification.

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Jan
30
2014

Beverage v. Pullman & Comley, LLC (1/24/2014)

Arizona Supreme Court Holds That Out-of-State Law Firm May Be Subject to Personal Jurisdiction in Arizona When an Arizona Resident Hires the Firm to Issue an Opinion Letter Regarding Federal Law.

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Jan
29
2014

Acosta v. Kiewit-Sundt (1/23/2014)

Arizona Court of Appeals Division One Holds That the 2007 Amendments to A.R.S. § 23-1023(B) Eliminated the Automatic Assignment of a Claim to an Insurance Carrier That Used to Occur if an Injured Employee Fails to Bring a Claim Under § 23-1023(A) More Than One Year After the Injury.

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Jan
27
2014

DeCamacho Estate v. La Solana Care and Rehab, Inc. (1/14/2014)

Arizona Court of Appeals Division Two Holds That Arbitration Provision In Agreement Between A Nursing Home And Resident Provided For Arbitration of Claims Brought By or on Behalf of Resident, Including Claims Brought Pursuant to APSA (A.R.S. § 46-455), But Did Not Require Statutory Beneficiaries to Arbitrate Independent Claims.

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Jan
27
2014

MM&A Productions, LLC v. Yavapai-Apache Nation (1/16/2014)

Arizona Court of Appeals Division Two Holds That Contract with Casino Signed by Marketing Director Is Insufficient to Waive Sovereign Immunity.

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Jan
27
2014

BMO Harris Bank N.A. v. Wildwood Creek Ranch, LLC (1/21/2014)

Arizona Court of Appeals Division One Holds That Arizona’s Anti-Deficiency-Judgment Statute, A.R.S. § 33-814(G), Does Not Apply to Vacant Land.

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Jan
27
2014

Porteadores del Noroeste S.A. DE, C.V. v. Industrial Commission of Arizona/Valenzuela (1/14/2014)

Arizona Court of Appeals Division One Holds Federal Law Does Not Preempt Arizona from Requiring Foreign Companies to Comply with Workers’ Compensation Statutes

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Jan
6
2014

Next Gen Capital, LLC v. Consumer Lending Associates, LLC (12/19/2013)

Arizona Court of Appeals Division One Holds That Payday Lender That Breached Its Lease After Arizona’s Law Authorizing Payday Lending Expired Could Not Invoke the Frustration of Purposes Doctrine to Avoid Liability.

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Jan
6
2014

In re the Estate of Sanford M. Bolton (12/20/2014)

Arizona Court of Appeals Division Two Holds That a Claimant Who Presents a Claim to a Decedent’s Estate Notifying it of an Action Against the Decedent That Was Pending Before His Death Need Not Commence Additional Proceedings if the Personal Representative Disallows the Claim.

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Jan
6
2014

Simms v. TP Racing, LLP (1/2/2014)

Arizona Court of Appeals Division One Holds That ER 1.7(a) Does Not Prevent A Lawyer in a Derivative Action From Also Representing the Minority Shareholder on any Direct Claims Against the Corporation or its Management that Arise From the Same Set of Facts.

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