Search Menu

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

AZAPP Blog - 2006

Dec
28
2006

Margaret H. v. Arizona Dept. of Econ. Sec. (12/21/2006)

Arizona Court of Appeals Division Two Reverses Summary Judgment Terminating Parental Rights of Mother With History of Drug Abuse.

Read More
Dec
21
2006

Tyman v. Hintz Concrete, Inc (12/15/2006)

Arizona Court of Appeals Supreme Court Explains Relation Back under ARCP 15(c), Holds no Relation Back Where Plaintiff Does Not Show Mistake.

Read More
Dec
21
2006

Coconino County v. Antco, Inc. (12/19/2006)

Arizona Court of Appeals Division One Reverses Trial Court’s Decision Citing Improper Application of the Doctrine of Primary Jurisdiction and Remands for Consideration of the Doctrine of Preemption.

Read More
Dec
19
2006

Lohmeier v. Hammer (12/12/2006)

Arizona Court of Appeals Division One Holds That Trial Court Did Not Abuse Its Discretion In Admitting The Expert Testimony, Without a Frye Hearing, of a Biomechanical Engineer To Opine That Defendant Did Not Cause Plaintiff’s Physical Injury, And Invites The Arizona Supreme Court to “Reconsider Log

Read More
Dec
19
2006

Smith v. Smith (12/7/2006)

Arizona Court of Appeals Division Two Holds That a Remand for Redetermination of Ownership Interests in Property in a Divorce Proceeding Revives a Litigant’s Right to Notice a Peremptory Change of Judge.

Read More
Dec
12
2006

Volunteer Center of Southern Arizona v. Staples (11/29/2006)

Arizona Court of Appeals Division Two Holds That a Nonprofit Organization May Lease Its Property to Another Nonprofit Organization Without Forfeiting Its Tax Exempt Status on the Property.

Read More
Dec
12
2006

Chilton v. Center for Biological Diversity, Inc (12/6/2006)

Arizona Court of Appeals Division Two Panel Affirms Compensatory and Punitive Awards Against Environmental Group Liable for Defaming a Cattle Rancher.

Read More
Dec
4
2006

Corbett v. Manorcare of America, Inc (11/29/2006)

Arizona Court of Appeals Division Two Addresses Statutes of Limitations, Res Judicata, and Collateral Estoppel Issues in Adult Protective Services Act Case.

Read More
Dec
4
2006

Turley v. Ethington (11/29/2006)

Arizona Court of Appeals Division Two Rules Statute of Frauds Inapplicable to Claim for Constructive Trust Brought by Nephew Claiming Breach of Fiduciary Duty by Uncle Under Oral Partnership Agreement to Purchase Land.

Read More
Dec
4
2006

Arizona Supreme Court Minutes (12/4/2006)

Arizona Supreme Court Issues Minutes

Read More
Dec
1
2006

Grand v. Nacchio (11/24/2006)

Arizona Court of Appeals Division Two Exercises Special Action Jurisdiction to Clarify Tender and Loss Causation Rules in Securities Actions Brought Under Arizona Law.

Read More
Nov
22
2006

Kromko v. Arizona Board of Regents (11/14/2006)

Arizona Court of Appeals Division One Panel Finds that University Students Can State a Claim Under "Nearly Free Education" Constitutional Provision Against Board of Regents for Tuition Increase.

Read More
Nov
22
2006

In Re Brittany Y (11/16/2006)

Arizona Court of Appeals Division One Affirms Delinquency Based on Unauthorized Removal of Electronic Monitoring Bracelet.

Read More
Nov
17
2006

Morse v. The Industrial Commission of Arizona (11/7/2006)

Arizona Court of Appeals Division One Holds That Projected Earnings From a Job a Worker’s Compensation Claimant Has Not Yet Performed May Not Be Considered In Determining Claimant’s Average Monthly Wage.

Read More
Nov
17
2006

Evans Withycombe, Inc. v. Western Innovations, Inc. (11/14/2006)

Arizona Court of Appeals Division One Holds That Statute of Repose Bars Contractor’s Contract-Based Claims Against Its Subcontractors, But Not Contractor’s Common Law Indemnity Claims Against Its Subcontractors.

Read More
Nov
9
2006

League of Arizona Cities and Towns v. Brewer (11/8/2006)

Arizona Supreme Court Declines to Extend its Pre-Election Review Authority to Ballot Initiatives Allegedly Violating the “Revenue Source Rule.”

Read More
Nov
8
2006

Yarbrough v. Super. Ct. (Roberts Enters., Inc.) (11/6/2006)

Arizona Court of Appeals Division Two Grants Special Action Relief to Clarify Statutory Options for Change of Venue for Claims Brought Against a County.

Read More
Nov
6
2006

Ulan v. Pima County Bd. of Supervisors (10/31/2006)

Arizona Court of Appeals Division Two Affirms 16% Cap on Tax Lien Interest.

Read More
Nov
6
2006

Ledvina v. Cerasani (10/31/2006)

Arizona Court of Appeals Division Two Affirms That Report of an Alleged Crime to the Police Is Absolutely Privileged as a Communication Related to a Judicial Proceeding.

Read More
Oct
30
2006

Martinez v. The Industrial Commission of Arizona (10/26/2006)

Arizona Court of Appeals Division One Holds That a Petition For Special Action Mistakenly Filed With the Industrial Commission of Arizona Will Be Deemed Timely Filed With the Court of Appeals.

Read More
Oct
30
2006

Meiners v. University of Arizona (10/27/2006)

Arizona Court of Appeals Division Two Holds That Res Judicata Precludes Reduction of Worker’s Compensation Benefits Absent Petition for Rearrangement by Insurer.

Read More
Oct
30
2006

Cudiff v. State Farm Mutual Automobile Insurance Company (10/27/2006)

Arizona Court of Appeals Division Two Holds That Underinsured Motorist Insurance Coverage Can Be Offset By Injured Driver’s Workers’ Compensation Benefits.

Read More
Oct
30
2006

Falcon v. Maricopa County (10/26/2006)

Arizona Supreme Court Holds that Under Rule 4.1(i), Notice of Claim Must be Delivered to all Members of the Board of Supervisors Before a County May Be Sued.

Read More
Oct
26
2006

Western Water Works v. Industrial Commission of Arizona (10/17/2006)

Arizona Court of Appeals Division One Holds that Parties May be Joined in Timely-Filed Workers’ Compensation Case after Limitations Period has Run.

Read More
Oct
26
2006

Lubin v. Thomas (10/24/2006)

Arizona Supreme Court Affirms That County Recorder May Invalidate Nomination Petition Signatures for Reasons Other Than Those Alleged by Challenger.

Read More
Oct
25
2006

State of Arizona v. Medrano (Gottsfield) (10/24/2006)

Arizona Court of Appeals Division One Holds That the Rules of Civil Procedure and Ethical Rule 4.2 Apply to Sexually Violent Person’s Post-Commitment Proceedings.

Read More
Oct
25
2006

Arizona Supreme Court Minutes (10/25/2006)

Arizona Supreme Court Issues Minutes

Read More
Oct
13
2006

Tritschler v. Allstate Ins. Co. (10/12/2006)

Arizona Court of Appeals Division Two Rules on Insurance Contract Construction, Propriety of Protective Order and on Award of Attorney's Fees.

Read More
Oct
9
2006

News Article (10/9/2006)

9th US Circuit Court of Appeals decision that lay opinion in a pot trial was not improper.

Read More
Oct
6
2006

News (10/6/2006)

Ninth Circuit Grants Emergency Relief Enjoining Proposition 200's Proof of Citizenship and Identification Requirements for the November 2006 Election.

Read More
Oct
5
2006

Northwest Fire District v. U.S. Home of Arizona Construction Company (9/29/2006)

Arizona Court of Appeals Division Two Upholds A Fire District’s Authority Under A.R.S. § 48-805 To Impose a Facilities Benefit Assessment On Homes Not Yet Constructed.

Read More
Oct
3
2006

Green v. Nygaard (9/28/2006)

Arizona Court of Appeals Division Two Holds That Work Product Protection Of Expert’s File Was Restored By Withdrawing Witness Designation, Even After Expert Testified About Preliminary Matters, Where Parties Had Reached Stipulation Regarding Subject Matter Of Expert’s Testimony.

Read More
Sep
28
2006

Hamblin v. State (9/26/2006)

Arizona Court of Appeals Division One Elaborates on Causation Limits in Tort Cases Against Public Entities.

Read More
Sep
27
2006

Arizona Supreme Court Minutes (9/27/2006)

Arizona Supreme Court Issues Minutes

Read More
Sep
27
2006

Arizona Supreme Court Minutes (9/27/2006)

Arizona Supreme Court Issues Minutes

Read More
Sep
15
2006

In Re: MH 2005-001290 (9/14/2006)

Arizona Court of Appeals Division One Holds That Court May Give Notice of Subject’s Release From Involuntary Mental Health Treatment Even When Subject Has Not Been Declared a “Danger to Others ”.

Read More
Sep
14
2006

SW Transmission Coop. v. Ariz. Corp. Comm’n (9/12/2006)

Arizona Court of Appeals Division One Holds Non- Profit Wholesale Rural Electric Transmission Coop. is a Public Service Corporation.

Read More
Sep
14
2006

The Forty-seventh Legislature of the State of Arizona v. Janet Napolitano (9/12/2006)

Arizona Supreme Court Holds That Governor Exceeded Her Constitutional Authority in Exercising the Item Veto.

Read More
Sep
12
2006

Kay S. v. Mark S. (9/7/2006)

Arizona Court of Appeals Division One Holds That Lawyer's Service as Judge Pro Tem Created Appearance of Impropriety in Client's Matter Pending in Same Division in Which Lawyer Served.

Read More
Sep
11
2006

Mago v. Mercedes-Benz (9/7/2006)

Arizona Court of Appeals Division One Holds That Lessee Is Not Entitled to Recover Under Arizona’s “Lemon Law” But Can Recover Under the Magnuson Moss Warranty Act Where the Lessee Acquired the Vehicle After a Sale From a Dealer to a Lessor.

Read More
Sep
11
2006

Phelps Dodge v. El Paso Corporation (9/7/2006)

Arizona Court of Appeals Division One Affirms That Superior Court Lacked Subject Matter Over Lawsuit Indirectly Attacking FERC Decision.

Read More
Sep
6
2006

State Farm Insurance Companies v. Premier Manufactured Systems, Inc. (8/29/2006)

Arizona Court of Appeals Division One Holds That the Principles of Comparative Fault Established In A.R.S. § 12-2506 Are Applicable To the Participants In the Chain of Distribution of a Defective Product In a Strict Products Liability Case.

Read More
Aug
30
2006

Moreno v. Jones (8/9/2006)

Arizona Supreme Court Holds That False Verification of Nominating Petition Does Not Constitute “Petition Forgery.”

Read More
Aug
29
2006

Friedman v. Microsoft (8/24/2006)

Arizona Court of Appeals Division One, Upholds, In Large Part, Trial Court’s Grant of Attorneys’ Fees to Class Counsel In Antitrust Action Against Microsoft.

Read More
Aug
28
2006

Committee for Preservation of Established Neighborhoods v. Riffel (8/24/2006)

Arizona Court of Appeals Division One Affirms ruling that CPEN's Referendum Petitions Failed to Comply with Statutory Referendum Requirements.

Read More
Aug
28
2006

Griffis v. Pinal County, et al (8/4/2006)

Arizona Court of Appeals Division Two Rules That a Government Employees’ Personal E-mails Are Not Presumptively Open to Public Inspection Under Arizona’s Public Records Law.

Read More
Aug
28
2006

Ritland v. Arizona State Board of Medical Examiners (8/17/2006)

Arizona Court of Appeals Division One Holds That an Agency is Not Bound by an ALJ’s Credibility Findings and May Reject Them.

Read More
Aug
17
2006

Stoudamire v. Hon. Simon (8/1/2006)

Arizona Court of Appeals Division Two Upholds Denial of Jury Trial to Former UA Basketball Star Accused of Possessing Marijuana and Paraphernalia.

Read More
Aug
17
2006

State v. Hampton (8/15/2006)

Arizona Supreme Court Upholds Convictions and Death Penalty For Phoenix Man Who Murdered a Man, Woman, and Unborn Child.

Read More
Aug
16
2006

Gamez v. Industrial Commission of Arizona (8/10/2006)

Arizona Court of Appeals Division One Upholds Administrative Law Judge’s Award Denying Workers’ Compensation Benefits.

Read More
Aug
16
2006

Gilbert v. Maricopa County (8/15/2006)

Arizona Court of Appeals Division One Panel Upholds Unconstitutionality of House Bill 2145.

Read More
Aug
15
2006

Klebba v. Carpenter (8/9/2006)

Arizona Supreme Court Dismisses Election Case for Lack of Jurisdiction Because Party Challenging Petitions Failed to Timely Obtain a Signed Order.

Read More
Aug
15
2006

State v. Roque (8/14/2006)

Arizona Supreme Court Reduces Death Sentence to Natural Life Without Possibility of Release.

Read More
Aug
14
2006

State v. McGill (8/14/2006)

Arizona Supreme Court Affirms Capital Sentence.

Read More
Aug
14
2006

State v. Ellison (8/9/2006)

Arizona Supreme Court Upholds Murder Conviction and Death Penalty.

Read More
Aug
10
2006

State v. Munninger (8/8/2006)

Arizona Court of Appeals Division One Affirms Aggravated Sentence Imposed Without Jury Finding of Any Aggravating Factors.

Read More
Aug
7
2006

Austin Shea (Ariz.) 7th Street & Van Buren, L.L.C. v. City of Phoenix (8/3/2006)

Arizona Court of Appeals Division One Holds That The Superior Court Improperly Concluded That The City Of Phoenix Board Of Adjustment Abused Its Discretion By Rehearing And Reversing Its Decision That Plaintiff’s “Media Sculpture” Proposal Did Not Violate The Zoning Ordinance.

Read More
Aug
4
2006

Short v. Petty (7/27/2006)

Arizona Court of Appeals Division One Clarifies Apportionment Requirements of Ariz. R. Civ. P. 68.

Read More
Aug
1
2006

Bolser Enterprises v. Arizona Registrar of Contractors (7/25/2006)

Arizona Court of Appeals Division One Holds That a Contractor May Appeal the Registrar of Contractors’ Disciplinary Notice Revoking the Contractor’s License Even Though the Contractor Had Not Appealed Certain Underlying Orders That Prompted the Loss of License.

Read More
Jul
31
2006

Grubb & Ellis Management Services, Inc. v. 407417 B.C., LLC (7/27/2006)

Arizona Court of Appeals Division One Affirms Enforcement of Contractual Indemnity Provision.

Read More
Jul
31
2006

Kelly R. v. Arizona Department of Economic Security (6/27/2006)

Arizona Court of Appeals Division One Upholds Termination of Parental Rights Despite Failure to Appoint Guardian Ad Litem for Mother Deemed to be Mentally Ill But Not Mentally Incompetent.

Read More
Jul
28
2006

Bohart v. Hanna (7/26/2006)

Arizona Supreme Court Holds That The Five-Day Window To Appeal A Nomination Challenge Under A.R.S. § 16-351(A) Does Not Exclude Weekends Or Holidays.

Read More
Jul
21
2006

Fearnow v. Ridenour Swenson Cleere and Evans (7/18/2006)

Arizona Supreme Court Holds that an Agreement Requiring Departing Lawyers to Forfeit Monetary Contribution to Law Firm is Permissible if Reasonable.

Read More
Jul
11
2006

Fry v. Garcia (7/3/2006)

Arizona Court of Appeals Division One Holds That Superior Court Is Not Divested of Jurisdiction Over Grandparent Visitation Matter By Marriage of Child’s Parents.

Read More
Jul
7
2006

Schwager v. VHS Acquisition Corp/Vanguard Health Management (7/3/2006)

Arizona Court of Appeals Division One Holds That the Workers’ Compensation Act’s “Lent Employee Doctrine” Applies to an Employee Who Was Injured While Attempting to Leave Her Place of Employment After Completing Her Shift.

Read More
Jul
7
2006

Andresano v. County of Pima (6/30/2006)

Arizona Court of Appeals Division Two Holds that AIDS Walk Participant is a “Recreational User.”

Read More
Jun
29
2006

In re King (6/26/2006)

Arizona Supreme Court Denies Convicted Felon’s Application to Practice Law.

Read More
Jun
23
2006

News Article (6/23/2006)

Line-Item Veto

Read More
Jun
19
2006

Butch Randolph v. International Fidelity (6/13/2006)

Arizona Court of Appeals Division One Holds That The Subcontractor is Not Disqualified From Recovery of the Value of Material Against a Surety’s Construction Payment Bond Because the Subcontractor Is Not a Licensed Contractor, Where Subcontractor Supplies Materials But Performs No Installation, Rega

Read More
Jun
19
2006

Barth v. Cochise County (6/15/2006)

Arizona Court of Appeals Division Two Holds That The County Employee Constructive Discharge Statute, A.R.S. § 23-1502, Does Not Displace The Notice Of Claim Requirement In A.R.S. § 12-821.01 For Constructive Discharge Claims.

Read More
Jun
16
2006

News Article (6/16/2006)

Hurdles of arguing before Arizona's highest tribunal.

Read More
Jun
14
2006

News Article (6/14/2006)

An Article about State v. Grell.

Read More
Jun
14
2006

State v. Grell (6/6/2006)

Arizona Supreme Court Upholds Trial Court’s Determination That Capital Defendant Failed To Prove Mental Retardation Pursuant To A.R.S. § 13-703.02, But Remands For Jury Sentencing.

Read More
Jun
8
2006

News Article (6/8/2006)

Notice of Oral Argument Hearing in E-mail Case.

Read More
Jun
6
2006

News Article (6/6/2006)

An article on Sonoran Desert Investigations, Inc. v. Hernandez.

Read More
Jun
5
2006

Sonoran Desert Investigations, INC. v. Hernandez (6/2/2006)

Arizona Court of Appeals Division Two Panel Finds Statute Providing For Nonliabilty for Damages that Result During Criminal Act Unconstitutional.

Read More
Jun
5
2006

Abuhl v. Honorable Lynda Howell (5/30/2006)

Arizona Court of Appeals Division One Holds That False Reporting to a Law Enforcement Agency Is Not a Jury-Eligible Offense.

Read More
Jun
2
2006

Brunet v. Murphy (5/30/2006)

Arizona Court of Appeals Division One Holds that “Savings Statute” Preserved Claim Under Adult Protective Services Act Despite Legislative Amendment to Eliminate Claims Against Physicians Such as the Defendant.

Read More
Jun
1
2006

Mejak v. Granville (5/24/2006)

Arizona Supreme Court Reverses Conviction for "Luring a Minor for Sexual Exploitation.

Read More
Jun
1
2006

State v. Arellano (5/24/2006)

Arizona Supreme Court Holds That Superior Court Properly Ruled That Capital Defendants Had Established A Rebuttable Presumption Of Mental Retardation By Submission Of Expert Reports On Defendants’ Low IQ Scores, But The Superior Court Abused Its Discretion By Excluding As Irrelevant Lay Witnesses’ T

Read More
May
24
2006

News Article (5/24/2006)

Line-Item Veto Article.

Read More
May
23
2006

News Article (5/23/2006)

High Court Decides To take Up Line Item Veto Case.

Read More
May
22
2006

State v. Berger (5/22/2006)

Arizona Supreme Court affirms 200 year sentence for possession of twenty images of child pornography.

Read More
May
22
2006

Freelance v ADES (5/9/2006)

Arizona Court of Appeals Division One Affirms Department of Economic Security Appeal Board’s Dismissal of Employer’s Motion for Reconsideration As Untimely Under A.R.S. § 23-724(A).

Read More
May
19
2006

News Article (5/19/2006)

Article on Roubos v. City of Tucson.


Read More
May
17
2006

State v. Johnson (5/17/2006)

Arizona Supreme Court Upholds Murder Conviction and Death Penalty for Gang-Related Murder to Eliminate Witness of Massage Parlor Robbery.

Read More
May
16
2006

Evans Withycombe, Inc. v. Western Innovations, Inc (5/16/2006)

Arizona Court of Appeals Division One Holds That A.R.S. § 12-552, a Statute of Repose, Barred Contract-Based Claims Asserted in a Third-party Complaint Against Subcontractors, but Not a Common-law Indemnity Claim.

Read More
May
16
2006

News Article (5/16/2006)

Article on Salib v Mesa.

Read More
May
15
2006

Sun Valley Financial Services of Phoenix, LLC v. Guzman (5/15/2006)

Arizona Court of Appeals Division One Refuses to Apply Equitable Subrogation to Allow Foreclosure on a Tax Lien.

Read More
May
8
2006

Smith v. Arizona Citizens Clean Elections Commission (5/8/2006)

Arizona Supreme Court Affirms Decision Removing State Legislator From Office for Campaign Spending Violations.

Read More
May
8
2006

Salib v. City of Mesa (5/8/2006)

Arizona Court of Appeals Division One Holds That City Of Mesa’s Commercial Window Sign Code Does Not Violate Business Owner’s Free Speech Rights Under The United States And Arizona Constitutions.

Read More
May
8
2006

State Farm v. Connolly (5/8/2006)

Arizona Court of Appeals Division One Panel Holds that Negligent Infliction of Emotional Distress Claim is Separate Injury to a Second Victim Not Subject to "Each Person" Limitation.

Read More
May
8
2006

Henry v. Flagstaff Medical Center (5/8/2006)

Arizona Court of Appeals Division One Panel Holds that Reliance by a Third Party for Apparent Agency Purposes Must be Established by Principal's Conduct, Not Third Party's Beliefs.

Read More
May
8
2006

Martinez v. Green (5/8/2006)

Arizona Court of Appeals Division One Panels Hold that Statutory Claims for Receipt of "Spam Faxes" are not Assignable.

Read More
May
5
2006

In re: The General Adjudication of All Rights to Use Water in the Gila River System and Source (5/5/2006)

Arizona Supreme Court Declines to Revisit Comity Holding in Gila River System Decision.

Read More
May
5
2006

Waldren v. Waldren (5/5/2006)

Arizona Court of Appeals Division One Holds that Rule 60(c)(5) Relief May be Available With Respect to Spousal Maintenance Obligation Designated as Non-Modifiable.

Read More
May
2
2006

Roubos v. Superior Court (5/2/2006)

Arizona Court of Appeals Division Two Holds That the Civil Enforcement of a Municipal Ordinance Is a “Civil Action” Under A.R.S. § 12-348 Entitling a Party That Prevails in an Action Against a Municipality to its Reasonable Attorneys Fees.

Read More
May
1
2006

State v. Newell (5/1/2006)

AZ Supreme Court Holds That Superior Court Did Not Commit Reversible Error Despite Capital Defendant’s Claims Of Miranda Violations, Involuntary Confession, Batson Challenge, Improper Vouching, Inadmissible Testimony During Penalty Phase, And Improper Exclusion Of Defendant’s Mental Health Expert.

Read More
May
1
2006

Guerra v. Bejarano (5/1/2006)

Arizona Court of Appeals Division One Affirms That the Earliest Authorized Effective Date for Modification of a Child Support Order Concerning Multiple Children is the Filing Date of the Petition.

Read More
Apr
17
2006

Progressive Classic Ins. Co. v. Blaud (4/17/2006)

Arizona Court of Appeals Division One Holds That Plaintiff’s Claim Complies With Arizona’s Uninsured Motorist Act, A.R.S. § 20-259.01(M), By Alleging That He Collided With A Tire From An Unidentified Vehicle On An Interstate Freeway, But The Superior Court Erred By Ruling That, As A Matter Of Law, Plaintiff’s Uninsured Motorist Policy Covered His Claim.



Read More
Apr
17
2006

Carlisle v. Petrosky (4/11/2006)

Arizona Court of Appeals Division One Holds That a Party Who Appeals a Compulsory Arbitration Award For Trial De Novo in Superior Court May Dismiss Appeal Where Other Party Did Not Appeal Arbitration Award and Was Not Prejudiced.

Read More
Apr
13
2006

Article (4/13/2006)

United States Supreme Court Votes to Allow Citation to Unpublished Opinions in Federal Courts.

Read More
Apr
7
2006

State v. Schneider/Hanna (3/30/2006)

Arizona Court of Appeals Division One, on Special Action Review, Affirms the Trial Court’s Finding That Grand Jury Must Redetermine Probable Cause In Case Against City Council Members and City Clerk Because Former City Attorney Had Disclosed Attorney-Client Privileged Communications in His Grand Jury Testimony About His Communications with These City Officials.

Read More
Apr
3
2006

Sobol v. Marsh (3/30/2006)

Arizona Court of Appeals Division One Holds that Complaints to the Board of Legal Document Preparers are Absolutely Privileged.

Read More
Apr
3
2006

Callan v. Hon. Deborah Bernini (4/3/2006)

Arizona Court of Appeals Division Two Holds that Peace Officers Collaborating Pursuant to Intergovernmental Agreement are Co-Employees for Purposes of Workers’ Compensation Principles.

Read More
Mar
28
2006

In the Matter of Dean (3/28/2006)

Arizona Supreme Court Issues a Mea Culpa.

Read More
Mar
27
2006

Dressler v. Morrison (3/27/2006)

Arizona Supreme Court Allows Former Spouse to Bring a Separate Civil Action Claiming Rights to Alleged Community Property Not Disposed of By Dissolution Decree.

Read More
Mar
24
2006

Curtis v. Richardson (3/23/2006)

Arizona Court of Appeals Division One Holds That The Superior Court Properly Upheld The Arizona Department Of Real Estate’s Denial Of Plaintiff’s Application For A Real Estate License.

Read More
Mar
24
2006

Parrot v. DaimlerChrysler Corporation (3/24/2006)

Arizona Supreme Court Holds That a Lessee Cannot Maintain an Action Under the Magnuson-Moss Warranty Act or Arizona’s Lemon Law Statute.

Read More
Mar
22
2006

Espinoza v. Schulenburg (3/22/2006)

Arizona Supreme Court holds that the “firefighter’s rule” does not bar an off-duty firefighter who volunteered at the scene of an accident from suing the person whose negligence caused the accident.

Read More
Mar
21
2006

LaWall v. Pima County Merit Commission; and Scammon (3/21/2006)

Arizona Court of Appeals Division Two Holds That the Pima County Merit System Rules Addressing Appeals to the Merit System Commission, Which State that the Commission May Hear Appeals of Dismissals or Discipline Imposed by “Written Order,” Are Procedural in Nature Not Jurisdictional.

Read More
Mar
16
2006

Cornman Tweedy 560 v. City of Casa Grande (3/16/2006)

Arizona Court of Appeals Division Two Declares Invalid Competing Petitions for Annexation of Territory in Pinal County.

Read More
Mar
12
2006

Valder Law Offices v. Keenan Law Firm (3/9/2006)

Arizona Court of Appeals Division One Finds Common Fund Doctrine Inapplicable on the Particular Facts in a Wrongful Death Case.

Read More
Mar
7
2006

Gibson v. Kasey (3/7/2006)

Arizona Court of Appeals Division One Reverses Grant of Summary Judgment in Favor of Defendant in Wrongful Death Action on Issues of Duty and Proximate Cause.

Read More
Mar
6
2006

Slade v. Superior Court (3/6/2006)

Arizona Court of Appeals Division One Holds That, Despite Confidentiality Statute, Arizona Corporation Commission Must Disclose Case File of Expert Witness and Names of Witnesses Referred to in Fact Investigator’s Filed Affidavit.

Read More
Mar
2
2006

Lopez v. Safeway Stores, Inc. (3/2/2006)

Arizona Court of Appeals Division Two Holds That the Collateral Source Rule Applies to the Full Amount of Charged Reasonable Medical Expenses Without Any Deduction for Amounts Written Off by Healthcare Providers in the Context of a Negligence Slip and Fall Case.

Read More
Mar
2
2006

Filer v. Tohono O’odham Nation Gaming Enter (3/2/2006)

Arizona Court of Appeals Division Two Holds That, Though It Finds The Issue A “Close One,” Tribal Sovereign Immunity Bars Dram Shop Suits Under A.R.S. § 4-311 In Arizona State Courts.

Read More
Mar
2
2006

Foster v. Weir (3/2/2006)

Arizona Court of Appeals Division Two Holds That Recoverable “Taxable Costs” for Expert Witness Fees in Medical Malpractice Claims are Limited to Those Fees Incurred for an Expert Witness’s Actual Attendance at Trial.

Read More
Feb
28
2006

Williams v. The Honorable Robert E. Miles (2/23/2006)

Arizona Court of Appeals Division One Holds that Rent Payments Pending Appeal in Eviction Action Should be Made as they Come Due.

Read More
Feb
27
2006

United Dairymen of Arizona v. Schugg (2/9/2006)

Arizona Court of Appeals Division One Holds That Liquidated Damages Are Not Recoverable Under Common Law For Breach of Implied Covenant of Good Faith and Fair Dealing.

Read More
Feb
24
2006

Myers v. City of Tempe (2/24/2006)

Arizona Supreme Court Holds City Cannot be Liable for Actions of Emergency Responder Under Mutual Assistance Agreement.

Read More
Feb
24
2006

Emmett McLoughlin Realty, Inc., et al. v. Pima County (2/24/2006)

Arizona Court of Appeals Division Two Affirms Summary Judgment in a Zoning Action Holding that Pima County Complied With the Applicable Notice and Hearing Requirements

Read More
Feb
22
2006

Forszt & Vestar Arizona, XLI, LLC v. Rodriguez (2/22/2006)

Division Two Holds That Referendum Proponents Successfully Restored the Presumption of Validity of Signatures Where Technical Defect Existed in Proponents’ Petition at Time of Filing with Town Clerk, But Such Defect Did not Exist When Form of Petition was Actually Circulated to Signatories.

Read More
Feb
22
2006

Mutschler, et. al. v. City of Phoenix (2/14/2006)

Arizona Court of Appeals Division One Clarifies That the “Nuisance Exception” to Regulatory Takings Applies to Partial Takings.

Read More
Feb
22
2006

Winn ex rel. Winn v. Plaza Healthcare, Inc (2/14/2006)

(In re Estate of Winn): Arizona Court of Appeals Division One Holds That A “Late-Appointed” Personal Representative Under Section 14-3108(4) Of The Arizona Revised Statutes Cannot Prosecute Claims On Behalf Of The Decedent’s Estate.

Read More
Feb
22
2006

News Article (2/22/2006)

Flunked Out In Florida

Read More
Feb
16
2006

Falcon v. Maricopa County (2/14/2006)

Arizona Court of Appeals Division One Holds That a Claimant May Serve Notice of a Claim on a County Board of Supervisors Acting in Its Role as Chief Executive Officer by Serving One Member of the Board.

Read More
Feb
13
2006

In re: General Adjudication of All Rights to Use Water in the Gila River System and Source (2/13/2006)

Arizona Supreme Court Unanimously Decides that 1935 Consent Decree Precludes Tribal Claim to the Gila River Mainstream But Not to River's Tributaries.

Read More
Feb
10
2006

Arizona v. Gomez (2/10/2006)

Arizona Supreme Court Holds that a Dismissed Indictment Does Not Disqualify a Defendant from Mandatory Probation Under Proposition 200.

Read More
Feb
6
2006

Hanson Aggregates Ariz., Inc. v. Rissling Constr. Group, Inc (2/2/2006)

Arizona Court of Appeals Division One Finds Lien Claimant’s Action Against Surety Bond Not Barred by Failure to Commence Within Six Months of Recording Mechanic’s Lien Where Lien Was Discharged by Surety Bond But Lien Claimant Did Not Receive Post-Recording Service of Bond.

Read More
Feb
2
2006

News Article (2/2/2006)

'Miranda' Judge McFate, 96, Dies, He Never Went To Law School

Read More
Feb
2
2006

News Article (2/2/2006)

Backers Of Immigrant Law Seek To Strengthen Benefit Restrictions.

Read More
Feb
2
2006

News Article (2/2/2006)

Supervisors May Name Smith's Replacement On Friday.

Read More
Feb
2
2006

News Article (2/2/2006)

3 In Running To Replace David Smith.

Read More
Jan
31
2006

Acuna v. Kroack and Hampton (1/31/2006)

Arizona Court of Appeals Division Two Issues Amended Opinion Apportioning 100% of the Fault to One Defendant.

Read More
Jan
31
2006

In re Consolidated Zicam Product Liability Cases (1/26/2006)

Arizona Court of Appeals Division One Upholds Finding of Lack of Personal Jurisdiction.

Read More
Jan
31
2006

Pima County v. Clear Channel Outdoor, Inc. (1/31/2006)

Division Two Holds That The State’s Governmental Function Exemption From Local Zoning and Building Regulations Did Not Transfer To A Private Company Using The Property For Commercial Billboards, Where State Transferred Real Property to The Company as Just Compensation In a Condemnation Action.

Read More
Jan
27
2006

Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc (1/27/2006)

United States Supreme Court Clarifies That a Rule 50(b) Motion Must Be Filed to Preserve Sufficiency of Evidence Challenges for Appeal.

Read More
Jan
27
2006

News Article (1/27/2006)

Ariz. Supreme Court Tells Smith To Vacate Office.

Read More
Jan
25
2006

News Article (1/26/2006)

Arizona Has Ample Safeguards Against Abuse Of Eminent Domain.

Read More
Jan
25
2006

News Article (1/25/2006)

District 7 Leaders Scramble For Smith Successor.

Read More
Jan
13
2006

Arizona v. Wall (1/13/2006)

Arizona Supreme Court Holds That A Defendant Has A Right To A Lesser-Included Offense Instruction If Sufficient Evidence Supports The Instruction, Even If The Defendant Has Presented An “All-Or-Nothing” Defense.

Read More
Jan
10
2006

Powell v. Washburn (1/10/2006)

Arizona Supreme Court adopts Restatement approach for interpreting restrictive covenants, holding that a restrictive covenant must be interpreted to give effect to the intention of the parties and to carry out the purpose for which it was created.

Read More
Jan
10
2006

Chaurisia v. General Motors (1/3/2006)

A Unanimous Arizona Court of Appeals Division One Panel Refuses to Expand Terms of "Limited Warranty" Offered by Car Dealer to Permit Revocation of Acceptance by Buyer.

Read More
Jan
4
2006

Vales v. Kings Hill Condominium Association (12/22/2005)

Arizona Court of Appeals Division One Reverses Summary Judgment That Found a “No Rental” Provision Amendment to a Condominium’s Declaration of Rights Enforceable.

Read More