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

AZAPP Blog - 2017

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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