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

AZAPP Blog - 2014

Oct
31
2014

Lewis v. Debord (10/6/2014)

Arizona Court of Appeals Division Two Holds That Where a Subsequent Purchaser Acquires an Interest in a Judgment Debtor’s Real Property After a Judgment Creditor Records a Judgment but Before Attaching an Information Statement, the Resulting Judgment Lien Loses its Priority and the Judgment Creditor Cannot Satisfy His or Her Judgment by Executing on That Property.

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Oct
31
2014

Dueñas v. Life Care Centers of America, Inc. (10/21/2014)

Arizona Court of Appeals Division One Holds That (1) Beneficiaries’ Wrongful Death Claims Are Not Subject to Arbitration Agreements Entered Into by Decedent, and (2) Where Parties Enter Into a Series of Transactions, Each with Separate Arbitration Agreements, the Court May Determine Whether a Dispute Arising from a Specific Transaction Is Subject to Arbitration.

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Oct
28
2014

Quihuis v. State Farm Mut. Auto. Ins. Co. (10/1/2014)

Arizona Supreme Court Holds That Default Judgment Entered Pursuant to a Damron Agreement Binds Insurer in a Coverage Action as to Liability but Does Not Preclude Litigation of Coverage Issues.

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Oct
27
2014

Naglieri v. Industrial Commission of Arizona (9/30/2014)

Arizona Court of Appeals Division One Holds That an Administrative Law Judge’s Denial of an Evidentiary Hearing to Address Allegedly Fraudulent Testimony Is an Abuse of Discretion.

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Oct
23
2014

City of Tucson and Pinnacle Risk Management v. Scott Woodworth (9/30/2014)

Arizona Court of Appeals Division Two Holds That Hernia Statute, A.R.S. § 23-1043(2), Should Be Liberally Construed to Allow Recovery.

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Oct
15
2014

Rigoli v. 44 Monroe Marketing, LLC (10/9/2014)

Arizona Court of Appeals Division One Holds That a Purchaser Who Has Made a Down Payment on Property Has a Vendee’s Lien with Priority Over a Subsequently Acquired Interest by One Who Has Actual or Inquiry Notice of the Facts Giving Rise to the Vendees’ Lien.

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Oct
14
2014

Stenz v. Industrial Commission of Arizona (10/8/2014)

Arizona Court of Appeals Division Two Holds That Workers’ Compensation Death Benefits Are Subject to Pre-Award Interest.

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Oct
14
2014

Pinal County Board of Supervisors v. Georgini ex rel T.J. (9/18/2014)

Arizona Court of Appeals Division Two Holds That Mental Health Patients Seeking Restoration of Firearms Rights Are Not Entitled to Counsel at Public Expense.

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Oct
14
2014

Reyes v. Frank’s Service and Trucking, LLC (9/16/2014)

Arizona Court of Appeals Division One Holds That Taxable Costs Include Travel Expenses for In-State Depositions; Travel Expenses for Out-of-State Depositions of Independent Fact Witnesses; Expenses for Video Recording of Depositions; Deposition Expenses of Independent Fact Witnesses When the Witness Fails to Appear or Is Late; and Private Mediation Costs.

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Oct
13
2014

Fisher v. Edgerton (9/30/2014)

Arizona Court of Appeals Division One Holds That Arizona Rule of Civil Procedure 77(f) Permits Award of Attorneys’ Fees and Costs to Co-Defendant, When Defendant Unsuccessfully Seeks to Shift Fault to Co-Defendant at Trial De Novo Following Compulsory Arbitration.

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Oct
13
2014

Felipe v. Theme Tech Corp. (8/28/2014)

Arizona Court of Appeals Division One Holds That an “Independent Expert” Under Arizona Rule of Civil Procedure 26(b)(4)(D) Means a Person Retained for the Purpose of Offering Expert Opinion Testimony.

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Oct
13
2014

In Re $70,070 (9/30/2014)

Arizona Court of Appeals Division Two Holds That Under A.R.S. § 13-4311(H), a Motion for Summary Judgment Is Not a Responsive Pleading and That the Trial Court Improperly Considered Evidence When It Ruled on a Motion to Dismiss.

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Oct
7
2014

Granville v. Howard (9/30/2014)

Arizona Court of Appeals Division One Sets Forth New Factors for Determining Reasonableness of Attorneys’ Fees in Appeals from Compulsory Arbitration.

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Oct
3
2014

Ponderosa Fire Department v. Coconino County (8/28/2014)

Arizona Court of Appeals Division One Holds That A.R.S. § 11-821(C) and Coconino County Subdivision Ordinance No. 82-3, Section 4.14(A)(2) Allow the County to Exercise Discretion in Deciding When, and Under What Circumstances, It May Call Performance Bonds Posted by a Developer to Ensure Completion of Subdivision Improvements.

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Sep
30
2014

Rogone v. Sasser (9/25/2014)

Arizona Court of Appeals Division One Holds That a Court May Not Rely on Equitable Grounds to Deny a Homestead Exemption Under A.R.S. § 33-1101(A)(1), if the Resident Meets the Statutory Qualifications.

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Sep
29
2014

ML Servicing Co., Inc., et al. v. Coles, et al. (9/16/2014)

Arizona Court of Appeals Division One Holds That Life Insurance Proceeds Paid to Lawful Beneficiary Are Exempt from Claims of Creditors of Decedent’s Estate, Including Defrauded Creditors Who Allege Premium Funds Were Misappropriated.

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Sep
24
2014

Gries v. Plaza Del Rio Management Corp. (9/9/2014)

Arizona Court of Appeals Division One Holds That the Word “Shall” in A.R.S. § 10-1434(E) Is Directory and Not Mandatory, Merely Establishing the Order of Events; Thus, a Court May Discontinue Proceedings on a Shareholder’s Election to Purchase Shares in Lieu of Dissolution If It Would Be Equitable to the Corporation and Shareholders.

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Sep
23
2014

Vortex Corp. v. Denkewicz (9/16/2014)

Arizona Court of Appeals Division One Holds That Parties Do Not Create a Partnership Merely by Intending or Attempting to Change a Business Structure.

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Sep
8
2014

Boyle v. Ford Motor Company (8/29/2014)

Arizona Court of Appeals Division Two Holds That the Burden to Determine Whether a Rule 68 Offer of Judgment Is Valid Lies with the Offeree.

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Sep
5
2014

Weitz v. Heth (8/26/2014)

Arizona Supreme Court Holds That (1) A.R.S. § 33-992(A) Does Not Preclude Assignments by Equitable Subrogation of a Lien That Attached Before Construction Began on the Project at Issue and (2) When a Single Mortgage Burdens Multiple Parcels, a Third Party May Be Entitled to Equitable Subrogation When That Party Has Paid a Pro Rata Amount of the Obligation and Obtained a Full Release of the Parcel at Issue from the Mortgage.

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Sep
4
2014

Committee for Justice & Fairness v. Arizona Secretary of State’s Office (8/7/2014)

Arizona Court of Appeals Division One Holds That Independent Advertisement Critical of a Candidate for Elected Office That Does Not Refer to the Person as a Candidate and That Does Not Mention Any Other Candidate, Election, or Political Party Is Express Advocacy Qualifying as an Independent Expenditure Under Arizona’s Campaign Finance Statutes Requiring That the Sponsoring Organization Register and Make Required Disclosures, and That Arizona Campaign Disclosure Statutes, A.R.S. § 16-901.01(A)(1) and § 16-901.01(A)(2)(b) Are Constitutional.

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Sep
2
2014

Shooter v. Farmer (7/29/2014)

Arizona Supreme Court Holds That Trial Courts, Not Courts of Appeal, Weigh Evidence and Resolve Conflicting Facts, Expert Opinions, and Inferences Therefrom.

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Sep
2
2014

Robertson v. Alling (8/5/2014)

Arizona Court of Appeals Division Two Holds That When Parties Dispute Whether an Attorney Had Apparent Authority to Enter Into a Settlement Agreement, a Question of Fact Exists and Arizona Rule of Civil Procedure 80(d) Applies.

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Sep
2
2014

Clark v. Anjackco Inc. (8/19/2014)

Arizona Court of Appeals Division One Holds That a Corporation Must Pay a Shareholder’s Attorneys’ Fees if the Court Grants the Shareholder’s Request for an Order to Permit Inspection and Copying of Corporate Records.

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Aug
29
2014

Cuellar v. Vettorel (8/18/2014)

Arizona Court of Appeals Division Two Holds Medical Liens Not Considered in Comparing Rule 68 Offer of Judgment to Final Judgment.

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Aug
28
2014

Rose Goodyear Properties, LLC v. NBA Enterprises Limited Partnership (8/5/2014)

Arizona Court of Appeals Division One Holds That (1) a Dissolved LLC Has the Capacity to Sue to Collect Its Assets as Part of Its Efforts to Wind Up Its Business and Affairs, and (2) Before a Member of an LLC Can File a Derivative Suit on Behalf of the LLC, the Member Must Make an Unambiguous Demand That the LLC File Suit.

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Aug
26
2014

Larue/Tucker v. Brown (8/19/2014)

Arizona Court of Appeals Division One Holds That the Single Publication Rule for Defamatory Statements Applies to Internet Publications, but Amending an Internet Publication to Add New Unrelated Material Constitutes Republication for Statute of Limitations Purposes.

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Aug
26
2014

American Power Products, Inc. v. CSK Auto, Inc. (8/5/2014)

Arizona Court of Appeals Division One Holds That Trial Court Abused Its Discretion by Failing to Hold Evidentiary Hearing on Alleged Improper Bailiff Communication with Jury.

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Aug
25
2014

Aguayo v. Industrial Commission of Arizona, et al. (8/12/2014)

Arizona Court of Appeals Division One Affirms Workers’ Compensation Award, Holding That (1) Medical Testimony Supported Award and (2) Prior Award Finding That Injury Was Not Medically Stationary Did Not Preclude Later Award Finding That Injury was Only a Temporary Aggravation.

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Aug
25
2014

City of Tucson, et al. v. State of Arizona, et al. (8/18/2014)

Arizona Court of Appeals Division Two Holds That A.R.S. § 16-204(E) Impedes Constitutional Authority of Charter Cities to the Extent It Conflicts with Charter.

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Aug
19
2014

Clark v. Muñoz (7/29/2014)

Arizona Supreme Court Holds That Nominating Petitions for Constable’s Race That Included Photograph of Constable’s Badge Failed to Substantially Comply with the Statutorily Specified Form for Petitions Because They Had the Potential to Confuse or Mislead Voters.

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Aug
19
2014

Arellano v. Primerica Life Insurance Co. (8/12/2014)

Arizona Court of Appeals Division One Holds That Arizona Does Not Recognize a Tort of Forgery and That Life Insurance Application Is Inadmissible in Dispute Regarding Oral Contract

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Aug
11
2014

Ponderosa Fire District v. Coconino County (7/22/2014)

Arizona Court of Appeals Division One Holds That Statute Requiring Performance Bonds for Completion of Developer Improvements to Subdivisions Grants Discretion to Counties on When to Call the Bonds.

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Aug
11
2014

Café Valley, Inc. v. Navidi (7/24/2014)

A.R.S. § 10-1604(C), Which Permits a Shareholder to Sue a Corporation if the Corporation Refuses Access to Certain Corporate Records, Does Not Prohibit a Corporation from Suing for a Declaratory Judgment Regarding the Shareholder’s Right to Inspect Records.

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Aug
11
2014

Gallardo v. Arizona (7/23/2014)

Arizona Court of Appeals Division One Holds That a Statute Applicable Only to Counties with Populations Greater Than Three Million Is a Special Law in Violation of the Arizona Constitution.

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Aug
1
2014

Wilks v. Manobianco (7/22/2014)

Arizona Court of Appeals Division One Holds That A.R.S. § 20-259.01(B) Does Not Foreclose Professional Negligence Claim Against Insurance Agent for Failure to Procure Underinsured Motorist Coverage.

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Jul
31
2014

Bennett Blum, M.D., Inc. v. Cowan (7/3/2014)

Arizona Court of Appeals Division Two Holds That A.R.S. § 12-1580(E) Prohibits an Award of Attorneys’ Fees and Costs Against a Judgment Debtor in a Garnishment Proceeding Unless the “Judgment Debtor Is Found to Have Objected to the Writ [of Garnishment] Solely for the Purpose of Delay or to Harass the Judgment Creditor.”

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Jul
30
2014

Wyatt v. Vanguard Health Systems, Inc. (6/30/2014)

Arizona Supreme Court Holds That the Adult Protective Services Act Applies to Acute Care Hospitals.

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Jul
28
2014

Midtown Medical Group, Inc. v. Farmers Insurance Group (7/15/2014)

Arizona Court of Appeals Division One Holds That a Healthcare Provider May Enforce a Medical Lien Against a Tortfeasor’s Insurer Even if the Insurer Issues a Joint Check to the Victim and Healthcare Provider.

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Jul
28
2014

State ex rel. Darwin v. Arnett (7/22/2014)

Arizona Court of Appeals Division One Holds That a Defendant Cannot Assert Res Judicata to Bar a Subsequent Claim when the Defendant’s Misrepresentation Prevented the Claim from Being Asserted in the Prior Proceeding.

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Jul
21
2014

Metzler v. BCI Coca-Cola Bottling Co. of Los Angeles, Inc. (7/11/2014)

Arizona Supreme Court Holds That Prejudgment Interest Awarded under Arizona Rule of Civil Procedure 68(g) Is Interest on a Judgment Rather Than Interest on an “Obligation.”

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Jul
18
2014

Kondaur Capital Corp. v. Pinal County (6/27/2014)

Arizona Court of Appeals Division Two Holds That Eviction of Home’s Occupants While Case Is Pending Moots a Property Owner’s Appeal Regarding Arizona Eviction Procedures.

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Jul
2
2014

M-11 Limited Partnerships v. Gommard, et al. (6/12/2014)

Arizona Court of Appeals Division One Holds That the Superior Court Has Jurisdiction in Accordance with Arizona Rule of Civil Procedure 60(a) to Determine Whether Clerical Error Exists in the Record and to Correct Any Error Before Determining If the Court Has Jurisdiction to Address Merits of Matter.

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Jun
23
2014

Hammerman v. Northern Trust Company (6/3/2014)

Arizona Court of Appeals Division One Adopts the Fiduciary Exception to the Attorney-Client Privilege and Holds That Disclosure to the Beneficiary and Successor Trustee of Otherwise Privileged Communications is Required Insofar as the Trustee Seeks Legal Advice in its Fiduciary Capacity on Matters of Trust Administration.

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Jun
23
2014

Focus Point Properties, LLC v. Cleo Johnson (6/19/2014)

Arizona Court of Appeals Division One Holds That (1) an Individual Who Signs a Real Estate Contract on Behalf of a Trust Is Not Personally Liable for Breaching the Contract, and (2) a Claim for a Real Estate Commission Requires a Valid License at the Time of the Transaction, but Other Factors Concerning Qualification for a License May Not Be Considered.

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Jun
12
2014

Sysco Ariz., Inc. v. Hoskins (6/10/2014)

Arizona Court of Appeals Division One Holds That Recording an Unsigned Minute Entry Does Not Create a Valid Judgment Lien Under Arizona’s Judgment Lien Statute, A.R.S. § 33-961.

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Jun
6
2014

News (6/6/2014)

Using Acronyms in Briefs Is Always a Bad Idea, Particularly in the D.C. Circuit

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Jun
6
2014

News Release (6/6/2014)

JUDICIAL NOMINEES ANNOUNCED

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Jun
4
2014

Wilcox v. Maricopa County (6/2/2014)

Ninth Circuit Holds That Federal Privilege Law Governs the Admissibility of Evidence of an Alleged Settlement of Federal Claims Reached During Mediation of Those Claims.

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Jun
2
2014

Vong v. Aune (5/27/2014)

Arizona Court of Appeals Division One Holds that the Constitution Does Not Preclude the Arizona Board of Cosmetology From Regulating “Fish Pedicures.”

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Jun
2
2014

John Munic Enterprises, Inc. v. Laos (5/6/2014)

Arizona Court of Appeals Division Two Holds That (1) Breach-of-Contract Damages Are Not Subject to Comparative-Fault Principles under Arizona’s UCATA; (2) the Collateral-Source Rule Can Apply to Breach-of-Contract Cases If the Breach Had a Willful or Tortious Character; and (3) A.R.S. § 12-1566 Requires a Request for a Fair Market Valuation Hearing Within Thirty Days of the Property’s Sale and Does Not Authorize an Extension.

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May
30
2014

Woodbridge Structured Funding, LLC v. Arizona Lottery (5/13/2014)

Arizona Court of Appeals Division One Holds That a Party With a Contract to Assign a Lottery Price Has No Right to Intervene in a Lottery Prize Assignment Action Under A.R.S. § 5-563 Where Prior Assignee Has Merely a Contingent Interest in the Prize Money.

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May
30
2014

Empire West Title Agency, LLC v. DOS Land Holdings, LLC (5/7/2014)

Arizona Supreme Court Holds That Merely Alleging the Reasonableness of One’s Beliefs Does Not, in Itself, Waive the Attorney-Client Privilege.

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May
30
2014

Hanosh v. Segal (5/22/2014)

Arizona Court of Appeals Division One Holds that Internet Gambling Losses Are Not Injuries Providing a Private Cause of Action Under Arizona’s Racketeering Statute.

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May
30
2014

Munger Chadwick, P.L.C. v. Farwest Development and Construction of the Southwest, LLC et al (5/7/2014)

Arizona Court of Appeals Division Two Holds that Law Firms Representing Themselves Are Not Eligible for Attorney Fee Awards.

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May
29
2014

Mirchandani v. BMO Harris Bank, N.A. (5/27/2014)

Arizona Court of Appeals Division One Holds that Claims Against a Bank That Sold a Deed of Trust to a Third Party Are Not Compulsory Counterclaims in a Lawsuit Brought By the Third Party.

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May
29
2014

Arizona v. Salazar Mercado (5/29/2014)

Arizona Supreme Court Holds That the 2012 Amendment to Arizona Rule of Evidence Rule 702, Which Conformed Arizona’s Rule to the Federal Rule and Daubert, Does Not Preclude “Cold” Expert Testimony.

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May
29
2014

Beaver v. Am. Family Mut. Ins. Co. (5/20/2014)

Arizona Court of Appeals Division One Holds That Arizona’s Uninsured/Underinsured Motorist Act, A.R.S. § 20-259.01, Allows an Insurance Company to Restrict Who Is Covered as an Insured Under the Policy, and Thus Who Is Entitled to Uninsured/Underinsured Motorist Coverage.

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May
28
2014

News Release (5/28/2014)

Big Changes Coming to the Arizona Rules of Civil Appellate Procedure. Comment Deadline June 13, 2014.

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May
28
2014

Arizona Supreme Court Minutes (5/28/2014)

The Arizona Supreme Court issued its minutes, and granted review in 3 cases.

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May
27
2014

Guerra v. State of Arizona (5/6/2014)

Arizona Court of Appeals Holds That the State Owes a Duty of Reasonable Care When Officers Notify a Decedent’s Family of the Decedent’s Death, Meaning That Family’s Negligence Claim Arising from Mistaken Identification May Proceed.

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May
20
2014

Mashni v. Foster (4/29/2014)

Arizona Court of Appeals Division One Holds That a Court-
Appointed Receiver Is Immune From Suit Unless the Receiver Has Acted Outside the Scope of the Order of Appointment and That A Court Cannot Charge a Receiver With a Fiduciary Duty to Simultaneously Maximize Economic Benefits to Adverse Parties.


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May
20
2014

Cross v. Elected Officials Retirement Plan (5/15/2014)

Arizona Court of Appeals Division One Holds That Pension Plan May Recalculate Benefits After Overpaying Member Who Continued Working After Retiring.

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May
19
2014

Pendergast v. Arizona State Retirement System (5/1/2014)

Arizona Court of Appeals Division One Holds That (1) The Public Service Credit Purchase Program, A.R.S. § 38-743, Qualifies As A Benefit Under The Pension Clause In Arizona’s Constitution, and (2) Recent Amendment To The Program Unconstitutionally Diminishes and Impairs Vested Benefits of ASRS Member.

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May
19
2014

Morgan AZ Financial, LLC v Gotses (5/13/2014)

Arizona Court of Appeals Division One Holds That A.R.S. § 33-811(C) Does Not Effect a Waiver of Defenses In Deficiency Action Brought After Trustee’s Sale.

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May
19
2014

State Bar of Arizona v. Lang (4/29/2014)

Arizona Court of Appeals Division One Holds Non-Attorney Engages in Unauthorized Practice of Law by Holding Self Out as Attorney in Arizona Even Though Admitted to Practice in Tribal Court Within Arizona State.

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May
16
2014

Korwin v. Cotton (5/8/2014)

Arizona Court of Appeals Division One Holds That Although the Government May Limit Speech in a Nonpublic Forum Through Reasonable and Viewpoint-Neutral Restrictions, It May Not Preclude Speech That Actually Complies with Those Restrictions.

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May
12
2014

Caruthers/Tanouye v. Underhill (4/3/2014)

Arizona Court of Appeals Division One Holds That When A Plaintiff Sues on a Single Theory of Fraud-In-The-Inducement, an Election of Remedies is not Required.

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May
7
2014

Biggs v. Cooper (4/22/2014)

Arizona Court of Appeals Division One Holds: Article 9, Section 22(D) of the Arizona Constitution Does Not Grant Sole Authority to the Legislature to Determine when a Supermajority Vote is Required to Increase Existing Taxes or Impose New Taxes; the Legislators Had Standing to Challenge whether Their Votes Were Given the Effect to Which They were Constitutionally Entitled; and Constituents, Including Taxpayers, Did Not Have Standing to Challenge the Constitutionality of A.R.S. § 36-2901.08.

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May
5
2014

Barkhurst v. Kingsmen of Route 66, Inc. (5/1/2014)

Arizona Court of Appeals Division One Holds That Sponsorship and Promotion of an Event Does Not Create a Duty of Care.

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May
5
2014

City of Phoenix v. Garretson (4/17/2014)

Arizona Court Supreme Court Holds That a Landowner’s Right of Access from Its Property to a Road Constitutes a Compensable Property Right Under Article 2, Section 17, of the Arizona Constitution, but That the Government Does Not Impair Such a Right if It Alters a Road but Leaves Existing Access Points Unchanged, Unless the Access to the Roadway System Is “Unreasonably Circuitous.”

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Apr
29
2014

Timmons v. Ross Dress for Less, Inc. (3/21/2014)

Arizona Court of Appeals Division Two Holds That a Business Holding an Easement for Invitees’ Ingress and Egress Has a Duty to Provide for the Safety of Invitees Using the Easement.

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Apr
28
2014

Arizona Citizens Clean Elections Commission v. Brain (4/2/2014)

Arizona Supreme Court Holds That A.R.S. § 16-941(B) Provides A Formula For Calculating Campaign Contribution Limits For Traditional Candidates For Statewide And State Legislative Offices.

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Apr
24
2014

Glazer v. State (4/3/2014)

Arizona Court of Appeals Division One Holds That the Affirmative Defense Protecting the State from Claims of Injuries Arising from Highway Design (A.R.S. § 12-820.03) Does Not Apply to Claims Alleging That Changed Circumstances Made a Highway Unreasonably Unsafe.

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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 (2/20/2014)

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. (5/13/2014)

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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