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

AZAPP Blog - 2007

Dec
11
2007

Waldren v. Waldren (12/3/2007)

Arizona Supreme Court Holds that Statutorily Non-Modifiable Spousal Maintenance Agreements are Not Subject to Modification or Termination, nor Is Relief from Such Agreements Available under Ariz. R. Civ. P. 60(c)(5).

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Dec
11
2007

Regal Homes, Inc. v. CNA Insurance (11/29/2007)

Arizona Court of Appeals Division One Holds “Arising Out Of” Language in Insurance Agreement Requires Only any Causal Nexus, Not Proximate Cause and That Mutually Repugnant “Other Insurance” Clauses Nullify Each Other Triggering a Coverage Obligation by Both Insurers.

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Dec
5
2007

State Farm Insurance Companies v. Premier Manufactured Systems, Inc. (12/3/2007)

Arizona Supreme Court Holds That Liability Among Tortfeasors in Strict Products Liability Actions is Several Only.

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Dec
4
2007

Picaso v. Tucson Unified School District (12/13/2007)

Arizona Supreme Court Vacates Decision by Arizona Court of Appeals Division Two, Which Held that a Guilty Plea in a Criminal Case Does Not Result in Issue Preclusion Against a Plaintiff in Later Civil Litigation.

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Dec
4
2007

In re the General Adjudication of All Rights to Use Water in the Gila River System and Source (11/30/2007)

The Arizona Supreme Court Grants Pascua Yaqui Tribe’s Petition for Interlocutory Appeal Regarding Approval of a Settlement Agreement Determining the Tohono O’odham Nation’s Water Rights, But Denies Relief.

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Dec
4
2007

In re 24,000 in United States Currency (11/29/2007)

Arizona Court of Appeals Division One Reaffirms that Probable Cause To Forfeit Assets is Determined Not at Time of Seizure but At Time of Hearing and Holds that Drug Package Profile can Contribute to Probable Cause.

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Dec
4
2007

AHCCCS v. Allen (In re Stephenson) (11/27/2007)

Arizona Court Of Appeals Division One Holds That a Secured Creditor Need Not Seek Permission From the Superior Court or the Personal Representative of an Estate to Enforce Its Security Even Though Probate Has Been Opened.

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Dec
4
2007

Arizona Supreme Court Minutes (12/4/2007)

The Arizona Supreme Court granted review in 2 cases.

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Nov
30
2007

Mobilisa, Inc. v. Doe 1 (11/27/2007)

Arizona Court of Appeals Division One Holds That Compelling Discovery of an Anonymous Internet Speaker’s Identity Requires Showing that (1) the Speaker Has Been Given Notice and a Reasonable Opportunity to Respond, (2) the Cause of Action Could Survive a Motion for Summary Judgment on Elements Unrelated to the Speaker’s Identity, and (3) the Balance of Interests Favors Disclosure.

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Nov
27
2007

Diana H. v. Rubin (11/21/2007)

Arizona Court of Appeals Division Two Holds That the Parent of a Child Who Has Been Adjudicated Dependent Has the Right to Prohibit State-Directed Immunization of the Child on the Grounds of the Parent’s Religious Beliefs.

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Nov
27
2007

In re Jesse M (11/8/2007)

Arizona Court of Appeals Division One Holds That an Individual Can Waive the Right to Counsel During an Involuntary Commitment Hearing, But a Trial Court May Deny the Right Upon Finding That the Waiver Is Not Knowing and Voluntary.

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Nov
16
2007

Scheehle v. Justices of the Arizona Supreme Court (11/15/2007)

Ninth Circuit Upholds Arizona’s Mandatory Arbitrator Appointment System.

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Nov
16
2007

Law v. Verde Valley Medical Center (11/13/2007)

Arizona Court of Appeals Division One Holds UCATA Does Not Change Common Law Vicarious Liability; Dismissal of Employee With Prejudice Relieves Employer of Vicarious LiabilityPlaintiff’s Decedent.

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Nov
16
2007

Sheehan v. Flower (11/13/2007)

Arizona Court Of Appeals Division One Holds That Grandparents Are Not Entitled To Rights Under A.R.S. § 25-408 To Object To A Custodial Parent’s Out Of State Relocation.

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Nov
13
2007

McCloud v. State of Arizona (11/9/2007)

Arizona Court of Appeals Division Two Reaffirms Narrow Breadth of Equitable Tolling Based on Lawyer’s Illness But Holds Complaint Was Sufficient to Survive Dismissal Where it Raised Issue as to Whether Tort was Committed Within the Scope of DPS Officer’s Employment.

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Nov
9
2007

Gravel Resources of Arizona v. Hills (11/6/2007)

Arizona Court Of Appeals Division One Holds That a Court May Appoint a Receiver to Protect Rights or Property of the Parties Without a Showing of Irreparable Harm or Lack of Adequate Legal Remedy.

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Nov
9
2007

The Lofts at Fillmore Condominium Ass’n v. Reliance Commercial Constr. Inc. (11/6/2007)

Arizona Court of Appeals Division One Holds That The Richards v. Powercraft Homes Exception To The Privity Requirement For Implied Warranty of Habitability Claims Applies Only To a Defendant That Is Both A Builder And A Vendor To A Residential End-User.

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Nov
8
2007

Palmer v. Palmer (11/6/2007)

Arizona Court of Appeals Division One Holds that Under A.R.S. § 25-327(B), Spousal Maintenance Payments Terminate Upon Remarriage Unless the Dissolution Decree Contains an Affirmative and Unambiguous Intent to Continue the Payments after Remarriage.

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Nov
6
2007

Farris v. Advantage Capital Corp. (11/1/2007)

Arizona Supreme Court Holds That a Creditor’s Action Under Arizona’s Version of the Uniform Fraudulent Transfer Act to Void a Debtor’s Allegedly Fraudulent Transfer of Real Property Is an Action “Affecting Title to Real Property” Under Arizona’s Lis Pendens Statute.

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Nov
2
2007

Odom v. Farmers Insurance Company of Arizona (10/29/2007)

Arizona Court of Appeals Division Two Holds That a Farmer’s Policy Did Not Provide Coverage To a Third Party Who Borrows a Rental Car From an Insured Individual and Then Causes an Accident.

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Nov
2
2007

First American Title Insurance Co. v. Action Acquisitions, LLC (10/30/2007)

Arizona Court Of Appeals Division One Holds That Title Insurance Policy Specifically Excluded Coverage For Loss Resulting From Purchaser’s Failure To Pay Adequate Value For A Title At A Sheriff’s Sale.

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Nov
2
2007

Arizona Supreme Court Minutes (11/2/2007)

The Arizona Supreme Court granted review in 4 cases.

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Oct
30
2007

Bell-Kilbourn v. Bell Kilbourn (10/23/2007)

Arizona Court of Appeals Division One Holds That Real Property Acquired During a Marriage Is Not a Community Asset If, at the Time the Property Was Acquired, One Spouse Executed an Enforceable Deed Disclaiming an Interest in the Property.

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Oct
23
2007

Cullen v. Koty-Leavitt Insurance Agency, Inc. (10/18/2007)

Arizona Court Of Appeals Division Two Endorses The Pleading Standard Adopted By The United States Supreme Court In Bell Atlantic Corp. v. Twombly, And Holds That Trial Court Properly Dismissed A Claim For Insurance Benefits Because The Plaintiff Failed To Plead Facts Sufficient To Show That He Was C

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Oct
23
2007

Grafitti-Valenzuela v. City of Phoenix (9/27/2007)

Arizona Court Of Appeals Division One Holds That The City Of Phoenix Was Not Negligent In Failing To Prevent A Sexual Assault At One Of Its Bus Stops.

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Oct
23
2007

Callen v. Rogers (10/18/2007)

Arizona Court Of Appeals Division One Holds That AHCCCS is Permitted by the Federal Medicaid Program to Provide Coverage Only For Emergency Dental Services.

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Oct
23
2007

Keonjian v. Olcott (10/18/2007)

Arizona Court of Appeals Division Two Holds That Legal Malpractice Claims Are Generally Tort Claims; in the Non-Litigation Context, Such Claims Accrue When the Client Knows or Should Know That the Negligence Caused the Client Harm.

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Oct
11
2007

Nolan v. Starlight Pines Homeowners Association (10/9/2007)

Arizona Court of Appeals Division One Holds That Homeowners Association is Not Obligated to Make Certain Common Areas of Its Development Accessible to Disabled Homeowners.

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Oct
8
2007

Sun Valley Masonry, Inc. v. Industrial Commission of Arizona (10/4/2007)

Arizona Court of Appeals Division One Holds that Higher Showing of Causation Required to Reopen a Workers’ Compensation Claim Based on a Subsequent Injury Does Not Apply Where the Subsequent Injury Is a Deterioration Linked to the Initial Injury.

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Oct
3
2007

Myers v. Hoffman La-Roche, Inc (10/2/2007)

Arizona Court of Appeals Division One Holds That Claims Against Pharmaceutical Company In Connection With Injuries Suffered In Utero Are Not Barred by the “Wrongful Life” Doctrine or the “Learned Intermediary” Doctrine.

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Oct
1
2007

Rand v. Porsche Financial Services (9/18/2007)

Arizona Court of Appeals Division One Holds That A Principal Is Responsible For An Independent Contractor's Breach Of The Peace When Repossessing A Motor Vehicle Under The Self-Help Repossession Statute.

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Oct
1
2007

ADOR v. Ormond Builders, Inc. (9/13/2007)

Arizona Court of Appeals Division One Holds That “Construction Manager” Is A Taxable “Prime Contractor” For Purposes of Transaction Privilege Tax, But Cannot Be Taxed For Amounts It Received To Pay Other Contractors On Behalf of Project Owners.

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Oct
1
2007

Boncoskey v. Boncoskey (9/25/2007)

Arizona Court Of Appeals Division One Holds That Division of a Community’s Interest in Pension Rights That Have Not Yet Matured Is Governed By Johnson v. Johnson, 131 Ariz. 38, 638 P.2d 705 (1981) and Not Koelsch v. Koelsch 148 Ariz. 176, 713 P.2d 1234 (1986).

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Sep
27
2007

PF Chang’s v Indus. Comm’n of Ariz. (8/16/2007)

Arizona Court of Appeals Division One Applies “Friction and Strain” Rule to Affirm Industrial Commision Award of Compensation for Injury From Workplace Assault.

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Sep
27
2007

Arizona Supreme Court Minutes (9/27/2007)

The Arizona Supreme Court granted review in 5 cases.

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Sep
26
2007

City of Chandler v. Arizona Department of Transportation (9/18/2007)

Arizona Court of Appeals Division One Holds that Utility Relocation Reimbursement Statute, A.R.S. § 28-7156, Does Not Require the Department of Transportation to Reimburse Cities For Relocation of Utility Lines Necessitated by State Highway Construction.

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Sep
18
2007

Leathers v. Leathers (9/13/2007)

Arizona Court Of Appeals Division One Holds That The Trial Court Erred In Its Divorce Decree By Miscalculating Spousal Maintenance And Awarding A Life Insurance Policy And Attorneys’ Fee In Favor Of The Wife, But The Trial Court Correctly Divided The Community Assets And Debts.

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Sep
13
2007

La Canada Hills Limited Partnership v. Kite (9/10/2007)

Arizona Court of Appeals Division Two Holds That Statute of Limitations Governing Settlement of a Partnership Account (Not Statute of Limitations for Action on a Debt Based on Written Contract), Applies to a Claim Seeking a Declaratory Judgment Regarding a Limited Partners’ Failure to Make Payments to a Limited Partnership.

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Sep
13
2007

Webb v. Omni Block, Inc (9/6/2007)

Arizona Court of Appeals Division One Holds Expert Testimony on Apportionment of Fault Is Inadmissible Under Rule 704.

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Sep
7
2007

Save Our Valley Association v. A.C.C. and Salt River Project (8/16/2007)

Arizona Court of Appeals Division One Holds That Statute Relating to the Issuance of a Certificate of Environmental Compatibility Does Not Provide an Independent Avenue for Seeking Judicial Review of a Decision of the Arizona Corporation Commission.

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Sep
7
2007

Kaman Aerospace Corp. v. Arizona Board of Regents (8/23/2007)

Arizona Court of Appeals Division Two Holds That Contract Modifications Agreed to by University of Arizona Engineers, Not Authorized by the University of Arizona Board of Regents, Are Unenforceable.

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Aug
29
2007

Bohreer v. Erie (8/16/2007)

Arizona Court of Appeals Division One Holds that Arizona Has General Personal Jurisdiction Over a Foreign Corporation That Had Ceased Doing Business in Arizona, but Had Not Withdrawn Its Appointment of the Director of Insurance as an Agent for Service of Process Until After It Had Been Served With the Complaint.

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Aug
28
2007

Neonatology Associates, Ltd. v. Phoenix Perinatal Associates Inc. (8/21/2007)

Arizona Court of Appeals Division One Holds that Doctor Group’s Referral of Patients to Out-of-Network Insurance Provider Does Not Constitute Intentional Interference with the Network Provider’s Contract.

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Aug
28
2007

West Valley View, Inc. v. Maricopa County Sheriff’s Office (8/16/2007)

Arizona Court Of Appeals Division One Holds That The Maricopa County Sheriff’s Office Violated The Arizona Public Records Law By Failing To Honor Newspaper’s Requests For Copies Of Future Press Releases.

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Aug
28
2007

State of Arizona v. Mabery Ranch, Co., L.L.C. (8/16/2007)

Arizona Court of Appeals Division One Holds that a Plaintiff Is Not Required to Comply With the Arizona Notice of Claims Statute to Maintain Suit Against a Public Entity for Injunctive Relief.

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Aug
28
2007

Belliard v. Becker (8/23/2007)

Arizona Court of Appeals Division One Holds That Plaintiff Is Entitled To Remand for Partial Retrial on Punitive Damages Because Evidence of Defendant Driver’s Pre-Crash Alcohol Consumption Was Improperly Ruled Irrelevant and Precluded at Trial on Basis that Defendant Was Not Charged With Driving Under the Influence.

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Aug
28
2007

Owens v. M.E. Schepp Limited Partnership (8/23/2007)

Arizona Court of Appeals Division One Holds That an Oral Partition Agreement Is a “Sale” of an Interest in Real Property For Purposes of the Statute of Frauds, But the Doctrine of Part Performance May Apply as a Defense to the Statute.

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Aug
28
2007

Grynberg v. Shaffer (8/21/2007)

Arizona Court Of Appeals Division One Holds That The Applicable Statute Of Limitations Under Arizona’s Uniform Enforcement Of Foreign Judgments Act Begins To Run When The Foreign Judgment Becomes Enforceable.

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Aug
17
2007

News Article (8/17/2001)

Arizona Court of Appeals decision to side with the newspaper in a public records suit against Arpaio.



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Aug
16
2007

Banner Health v. Medical Savings Insurance Company, et. al. (8/14/2007)

Arizona Court of Appeals Division One Holds That The Rate Schedule Filed By A Hospital Pursuant to A.R.S. §§ 36-436 to -436.03 Is Incorporated Into “Conditions of Admission” Forms That Patients Sign Prior To Being Treated, Regardless of Whether the Forms Explicitly Refer To the Rate Schedule.

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Aug
15
2007

White v. Greater Ariz. Bicycling Ass’n (8/8/2007)

Arizona Court of Appeals Division Two Holds Each Statutory Wrongful Death Plaintiff Must be Awarded Some Damages if No Evidence Contradicts Plaintiffs’ Evidence of Loss

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Aug
15
2007

McDowell Mountain Ranch Community Association, Inc. v. James F. Simons (8/10/2007)

Arizona Court of Appeals Division One Holds That Court’s Discretion Is Narrowly Circumscribed When the Parties Contractually Agree That a Prevailing Party Shall Be Awarded All Attorneys’ Fees.

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Aug
15
2007

Kromko v. Arizona Board of Regents (8/9/2007)

Arizona Supreme Court Holds that Issue of Whether Tuition at State Universities Meets Constitutional Mandate to Be "As Nearly Free as Possible" Constitutes a Political Question Not Subject to Judicial Review.

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Aug
15
2007

Tierra Ranchos Homeowners Association v. Kitchukov (8/9/2007)

Arizona Court Of Appeals Division One Holds That Homeowners’ Associations Must Act Reasonably In Their Discretionary Determinations, But Homeowners Bear The Burden Of Proof That Associations’ Acts Were Unreasonable; Trial Court Erred In Granting Summary Judgment To Homeowners Who Had Modified Their

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Aug
13
2007

News Article (8/13/2007)

Arizona Court of Appeals decision that there are circumstances where the US mail may not suffice.


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Aug
8
2007

News Article (8/8/2007)

Arizona Court of Appeals decision that customers must pay certain bills to contractors.



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Aug
8
2007

News Article (8/8/2007)

Arizona Court of Appeals decision that non-licensed contractors may be forced to pay restitution.



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Aug
7
2007

Hunt v. Richardson (7/31/2007)

Arizona Court of Appeals Division One Holds That When Considering the Propriety of an Interference with an Easement, the Fact Finder Must Consider Whether the Obstruction is Appropriate to the Property’s Use, not Whether the Obstruction is Essential.

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Aug
7
2007

Arizona Department of Revenue v. Questar Southern Trails Pipeline Co. (7/19/2007)

Arizona Court of Appeals Division One Upholds Decision to Exclude Consideration of Obsolescence From Tax Valuation of Pipeline Under Statutory Formula.

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Aug
7
2007

Lee v. State of Arizona (7/12/2007)

Arizona Court of Appeals Division One Strictly Construes Notice of Claim Rules to Require Delivery, Not Just Mailing, of Claim.

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Jul
31
2007

Ruesga v. Kindred Nursing Centers West (7/18/2007)

Arizona Court of Appeals Division Two Holds That A Wife Has Actual Agency Authority to Bind Her Husband to an Arbitration Agreement Even Without A Power of Attorney, Legal Guardianship, or His Express Authorization.

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Jul
31
2007

Town of Gilbert Prosecutor’s Office v. Downie (7/24/2007)

Arizona Court of Appeals Division One Holds That The Amount Of Restitution Required For The Crime Of Contracting Without A License Is The Full Amount Of Payments Received From The Victim.

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Jul
31
2007

Robson Ranch Quail Creek v. Pima County (7/13/2007)

Arizona Court of Appeals Division Two Holds That County Funding Mechanisms Adopted Under A.R.S. § 11-821 Must Satisfy the Statute’s “Reasonable Relationship” Requirement.

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Jul
31
2007

Sun City Grand Community Association v. Maricopa County (7/26/2007)

Arizona Court of Appeals Division One Affirms That Public’s De Minimis Actual Use of Property Does Not Preclude “Common Area” Property Tax Valuation.

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Jul
31
2007

Stonecreek Building Company, Inc. v. Shure (7/26/2007)

Arizona Appeals Court, Division One, Holds That “Prompt Pay Act” Prohibits Owners From Withholding Payment On An Invoice For Allegedly Defective Work That Does Not Actually Appear On Such Invoice.

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Jul
31
2007

Melgar v. Campo (7/26/2007)

Arizona Appeals Court Division One Holds That an Arizona Court May Not Modify an Out-Of-State Child Custody Order Unless the Out-Of-State Court First Relinquishes Its Exclusive Continuing Jurisdiction.

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Jul
24
2007

PLM Tax Certificate Program 1991-92 L.P. v. Schweikert (7/17/2007)

Arizona Court of Appeals Division One Rules County Not Liable to Buyer of Tax Liens That Were Found to Be Invalid.

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Jul
24
2007

Northwest Fire District v. U.S. Home of Arizona Construction Company (6/29/2007)

Arizona Supreme Court Holds That Fire District’s “Facilities Benefit Assessment” Exceeds District’s Authority Under A.R.S. § 48-805(B)(14).

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Jul
23
2007

Hanson v. Tempe Life Care Village, Inc. (7/12/2007)

Arizona Court of Appeals Division One Holds That, Under The Terms Of The Contract Between A Resident And Her Retirement Care Facility, The Resident Is Entitled To A Full Refund Of Her Entrance Fee After Giving Timely Written Notice And Vacating The Facility.

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Jul
6
2007

Dube v. Likins (6/28/2007)

Arizona Court of Appeals Division Two Holds That Communications Between Two Agents of the Same Principal Constitute Publications, Subject to Qualified Privilege, for Purposes of Defamation Claim.

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Jul
6
2007

Yes on Prop 200 v. Napolitano (6/28/2007)

Arizona Court of Appeals Division One Finds That Trial Court Erred When it Dismissed Case and Denied Plaintiffs’ Motion to Amend Complaint to Assert Claims for Declaratory Relief Against Governor and Other State Officials.

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Jun
28
2007

Levy v. Alfaro (6/19/2007)

Arizona Court of Appeals Division One Holds That the Term Reasonable Expert Witness Fees As Used in ARCP 68(d) Is Not Limited To Fees Paid To Experts For Testifying At Trial.

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Jun
28
2007

Catrone v. Miles (6/26/2007)

Arizona Court of Appeals Division One Holds That Special Education Records Are Not Protected in Their Entirety by the Medical Records Privilege and Not Protected by an Educational Records or a Special Educational Records Privilege and Must Be Produced if Production Interest “Substantially Outweighs” Confidentiality Interest.

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Jun
28
2007

Harris v. Cochise Health Systems (6/19/2007)

Arizona Court of Appeals Division Two Holds That A Party Who Has Voluntarily Dismissed Its Amended Complaint with Prejudice Is Not an Aggrieved Party as to its Voluntarily Dismissed Claims For Purposes of Appeal.

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Jun
27
2007

Karbal v. Arizona Department of Revenue (5/24/2007)

Arizona Court of Appeals Division One Holds That an Individual Customer Lacks Standing to Challenge Arizona’s “Tourism Tax” on Car and Hotel Room Rentals.

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Jun
27
2007

Cullum v. Cullum (6/19/2007)

Arizona Court of Appeals Division One Holds That Superior Court Can Utilize Maricopa County Superior Court’s Spousal Maintenance Guidelines, Provided That The Court’s Maintenance Award Is Consistent With The Factors Set Forth in A.R.S. § 25-319(B).

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Jun
27
2007

Crowell v. Jejna (6/21/2007)

Arizona Court of Appeals Division One Denies Jury Trial for Violation of Municipal Ordinance Regulating Nude Dancing.

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Jun
22
2007

Fushek v. State (6/14/2007)

Arizona Court of Appeals Division One Holds that Potential for Mandatory Registration as a Sex Offender Does Not Entitle Defendant to Trial by Jury for Misdemeanors Allegedly Committed With Sexual Motive.

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Jun
22
2007

Sunland Beef Co. v. Indus. Comm'n. of Ariz. (5/29/2007)

Arizona Court of Appeals Division One Reaffirms "Positional-Risk" Doctrine for Unexplained Employee Falls.

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Jun
21
2007

In re Pabst Rodriguez (6/14/2007)

Arizona Court of Appeals Division One Holds That Arizona’s “Revocation By Divorce” Statute, A.R.S. § 14-2804, Does Not Apply To An Irrevocable Trust Created For A Spouse, Notwithstanding The Fact That The Marriage Was Void Due To The Spouse’s Concurrent Marriage To Another Woman.

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Jun
21
2007

Smyser v. City of Peoria (6/12/2007)

Arizona Court of Appeals Division One Affirms That City Providing Emergency Medical Services Is Performing a Governmental Function and Therefore Entitled to Qualified Immunity, But Vacates Award of Rule 68 Sanctions.

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Jun
15
2007

ADOR v. Action Marine, Inc (6/5/2007)

Arizona Court of Appeals Division One Holds That A.R.S. § 42-5028 Does Not Extend Personal Liability For Unpaid Corporate Transaction Privilege Taxes to Those Corporate Officers Or Directors Whose Corporate Duties Include Remitting Such Taxes to ADOR.

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Jun
15
2007

Phoenix Newspapers v. Jane Doe (6/12/2007)

Arizona Court of Appeals Division One Holds That a Notice of Claim Is a Public Record.

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Jun
15
2007

Kohl v. City of Phoenix (6/11/2007)

Arizona Supreme Court Holds That City Cannot Be Liable for Its Administrative Decision to not Install A Traffic Light At An Intersection.

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Jun
8
2007

Roberts v. Robert (5/31/2007)

Arizona Court of Appeals Division One Holds That a Decedent’s Heir Has a Right to Redeem a Tax Lien On Decedent’s Real Property, and a Tax Lien Purchaser Must Properly Join and Serve the Heir As a Defendant In a Foreclosure Action In Order to Foreclose the Heir’s Right to Redeem.

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Jun
8
2007

Estate of Garner v. Schindler (6/7/2007)

Arizona Court of Appeals Division One Holds De Facto Officer Doctrine Applies to Judicial Officers Acting Under Color of Defective Appointment.

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Jun
8
2007

Dawson v. Withycombe (6/5/2007)

Arizona Court of Appeals Division One Vacates Opinion Regarding Director Liability on Theories of Principal-Agency Liability for Fraud, Aiding and Abetting, Conspiracy, and Constructive Fraud Should Not Have Been Presented.

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Jun
8
2007

In Re Estate of Goldman (5/30/2007)

Arizona Court of Appeals Division Two Holds That An Estate Should Be Valued, For Abatement Purposes, Not As a Fixed Amount At Date of Death, But As Finally Distributed From The Estate.

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Jun
8
2007

Burkhamer v. State of Arizona (5/31/2007)

Split Panel of Division Two Rules Appeal Untimely Because Post-Judgment Motion Failed to Extend Time under ARCAP 9(a).

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Jun
1
2007

Salt River Project Agricultural Improvement and Power District v. Miller Park, L.L.C. (5/15/2007)

Arizona Court of Appeals Division One Holds That Superior Court Did Not Abuse Its Discretion In Barring Use of Tax Protest Material To Impeach a Property Owner in a Condemnation Case, and That Sanctions Under Rule 68 May Be Awarded in Condemnation Cases.

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Jun
1
2007

Breitbart-Napp v. Napp (5/24/2007)

Arizona Court of Appeals Division One Holds that Superior Court Could Reopen Divorce Decree to Determine Whether Further Relief Under Rule 60 Was Appropriate.

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Jun
1
2007

Home Builders Association of Central Arizona v. City of Maricopa (5/18/2007)

Arizona Court of Appeals Division Two Holds That The City of Maricopa Is Bound By Development Agreements Which Preclude It from Imposing Development Fees on Builders.

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Jun
1
2007

Girouard v. Skyline Steel, Inc. (5/24/2007)

Arizona Court of Appeals Division One Holds That Evidence of Manner of Death is Admissible to Prove Damages in Wrongful Death Claim But Only Insofar as Relevant to the Survivor’s Own Mental Anguish.

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Jun
1
2007

Airfreight Express Ltd. V. Evergreen Air Center, Inc. (5/21/2007)

Arizona Court of Appeals Division Two Finds That Doctrine of Claim Preclusion Does Not Bar Party From Asserting Claims Dismissed Without Prejudice in Previous Action and That Party Could Not Challenge Sufficiency of Declarations on Appeal When It Failed to Move to Strike Declarations Below.

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May
17
2007

Flying Diamond Airpark, LLC v. Meienberg (4/30/2007)

Arizona Court of Appeals Division Two Holds That Where A Party Knows Prior To Actually Violating A Restrictive Covenant That The Party’s Proposed Structure Will Violate the Restriction, Then Completes Construction Of The Structure, The Party May Not Claim The Benefit Of “Relative Hardships”.

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May
17
2007

Cohen v. Frey (5/9/2007)

Arizona Court of Appeals Division Two Holds that Trial Court Erred in Interpreting Decree of Dissolution in Favor of Husband Because It Considered Only the Literal Construction of the Decree and Did Not Harmonize that Construction with Other Provisions or the Nature of the Decree.

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May
17
2007

Brookover v. Roberts Enterprises (5/7/2007)

Arizona Court of Appeals Division One Rejects Negligence Claims in Open-Ranch Grazing Case.

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May
1
2007

Griffis v. Pinal County (4/25/2007)

Arizona Supreme Court Holds That When A Government Entity Responding to a Public Records Request Withholds Documents Generated or Maintained On a Government E-mail System on the Grounds That the Documents Are Personal, the Requesting Party May Ask the Trial Court to Perform an In Camera Inspection to Determine Whether the Documents are Purely Personal.

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May
1
2007

Jenkins v. Jenkins (4/26/2007)

Arizona Court of Appeals Division One Holds That Trial Court Did Not Abuse Its Discretion in Finding That a “Like Kind Exchange” of Property Following a Child Support Order Did Not Provide Grounds for Treating Property as Income and Modifying Child Support Decree.

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May
1
2007

News Article (5/1/2007)

Arizona Supreme Court reversal ruling on government email privacy.

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Apr
30
2007

Veronica Antone v. Greater Arizona Auto Auction, Inc (4/20/2007)

Arizona Court of Appeals Division Two Holds that Auction Facility Is Not A Seller Subject to Arizona’s Strict Liability Under Arizona’s Product Liability Statutes.

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Apr
30
2007

Fulton Homes Corp. v. BBP Concrete (4/24/2007)

Arizona Court of Appeals Division One Holds That Party Filing Third Party Complaint For Indemnification That Stipulated To Dismiss Complaint After Plaintiffs Clarified Basis for Liability Held Liable For Attorneys’ Fees In Trial Court and In an Appeal Challenging the Fee Award.

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Apr
30
2007

Arizona Department of Economic Security v. Redlon (4/24/2007)

Arizona Court of Appeals Division Two Finds State Employee Who Involuntarily Resigned Is Entitled to Appeal of Termination.

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Apr
27
2007

Lopez v. Cole (4/12/2007)

Arizona Court of Appeals Division One Holds That a Parent’s Failure to Bring a Claim For Medical Expenses For an Injured Minor Child Within the Two-Year Statute of Limitations Does Not Constitute Consent to Recovery By the Child Such That the Claim Would Pass to the Minor Child.

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Apr
27
2007

Multari v. Gress (4/24/2007)

Arizona Court of Appeals Division One Holds That A Developer May Not Use Private Deed Restrictions to Circumvent Applicable Uniform Covenants and Restrictions.

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Apr
19
2007

Polanco v. Industrial Comm’n of Arizona (3/29/2007)

Arizona Court of Appeals Division Two Holds That Subjective Pain Alone, Unaccompanied by an Objective Physical Change, Cannot Support a Petition to Reopen a Worker’s Compensation Claim.

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Apr
11
2007

Gorman v. State (4/5/2007)

Arizona Court of Appeals Division One Holds That Under Probate Code's Provision for Paying Contingent Claims by an Estate, "Allow[ing] or Establish[ing]" a Claim Does Not Make a Claim Certain.

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Apr
11
2007

News Article (4/11/2007)

Arizona Supreme Court decision that both businesses and people, cited for violating certain city ordinances, are entitled to get their costs paid if they win the case.

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Apr
5
2007

Liberty Insurance Underwriters, Inc. v. The Weitz Company, LLC (3/27/2007)

Arizona Court of Appeal Division One Holds That Builder’s Risk Insurance Policy Constitutes Inland Marine Insurance and Is Thus Exempt from Arizona Standard Fire Policy Requirements.

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Mar
29
2007

Stewart v. Carroll (3/13/2007)

Arizona Court of Appeals Division One Holds That Provisions of Arizona’s Juror-Exemption Statute Allowing Prospective Jurors 75 and Older to Opt Out of Jury Service and Prohibiting Public disclosure of Prospective Jurors’ Medical Statements Do Not Violate the Arizona Constitution.

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Mar
27
2007

Kim v. Mansoori (3/23/2007)

Arizona Court of Appeals Division Two Holds That a Court May Not Certify an Attorney Fee Claim as a Final Judgment Pursuant to Rule 54(b) in Advance of a Related Judgment Regarding the Merits.

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Mar
26
2007

William Wayne Roubos, et al v. Hon. Leslie Miller (3/20/2007)

Arizona Supreme Court Affirms That Party That Prevails in a Civil Infraction Proceeding Brought by a City May Recover Attorneys’ Fees.

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Mar
26
2007

Fleischman v. Protect Our City (3/14/2007)

Arizona Supreme Court Holds that It has Concurrent, Not Exclusive Jurisdiction with the Courts of Appeals Over Actions Challenging the Certification of Signatures for a Ballot Measure and Such Actions Must, in the Future, Be Filed with the Relevant Court of Appeal.

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Mar
26
2007

In Re MH 2006-000490 (3/22/2007)

Arizona Court of Appeals Division One Rules Doctor’s Finding of Mental Retardation Is Insufficient Basis to Order Involuntary Mental Health Treatment.

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Mar
23
2007

Patterson v. Thunder Pass, Inc (3/8/2007)

Arizona Court of Appeals Division One Holds that Tavern was Properly Held Exempt from Dramshop Liability when Drunk Driving Accident Occurred After Tavern Staff Confiscated Drunk Patron’s Car Keys and Drove Her Home.

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Mar
20
2007

State v. Rayes (3/20/2007)

Arizona Supreme Court Holds Ineffective Assistance Claims Can Only be Raised in Rule 32 Proceedings.

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Mar
20
2007

Allstate Indemnity Co. v. Ridgely (3/15/2007)

Arizona Court of Appeals Division Two Holds That The “Sham Affidavit” Rule Applies Where A Party/Witness’ Deposition Testimony Contradicts The Party/Witness’ Earlier Affidavit, But Declines To Apply The Rule In This Case.

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Mar
12
2007

Parker v. McNeill (3/8/2007)

Arizona Court of Appeals Division One Holds that Superior Court May Award Costs and Expenses, But Not Attorneys’ Fees, Incurred Before and in the Course of Prior Appeal, to Party Who Failed to Request Costs and Fees in Prior Appeal.

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Mar
12
2007

Carlson v. The Arizona State Personnel Board, et al (3/6/2007)

Arizona Court of Appeals Division One Holds That Employee’s Due Process Right to Adequate Notice Was Violated When Board Upheld His Termination on Grounds Not Alleged in Dismissal Notice.

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Mar
9
2007

Burk v. State of Arizona (3/6/2007)

Arizona Court of Appeals Division One Upholds Grant of Judicial Immunity to Employee of Court's Conciliation Services.

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Mar
7
2007

Deer Valley Unified School District v. Houser/McDonald (2/26/2007)

Arizona Supreme Court Holds That A Claim Letter Sent to a Public Entity Containing Qualifying Language Regarding Damage Claims Fails to Satisfy the Requirements of Arizona’s Notice of Claim Statute.

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Mar
6
2007

Twin Peaks Construction, Inc. v. Weatherguard Metal Construction, Inc (2/27/2007)

Arizona Court of Appeals Division Two Holds That Finding No Conflict Between Two Provisions Governing the Regulation of Contractors, a Unanimous Division Two Panel Affirms Award For Subcontractor Against Contractor.

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Mar
6
2007

Weatherguard v. D. R. Ward (2/27/2007)

Arizona Court of Appeals Division One Holds That A Subcontractor Is Required to Arbitrate a General Contractor’s Indemnity Claim Against It Where the Subcontract Expressly Incorporates “General Conditions,” Which in Turn Incorporate The Arbitration Provision of the Prime Contract Between the General

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Feb
27
2007

In Re Commitment of Flemming (2/21/2007)

Arizona Court of Appeals Division Two Affirms Decision to Stay, Not Dismiss, Civil Commitment of Pedophile Sentenced to Prison Term for Attack on Staff Member While Under Civil Commitment.

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Feb
27
2007

Williams v. Baugh (2/20/2007)

Arizona Court of Appeals Division Two Holds that ARS 13-807 Does Not Preclude a Defendant From Raising an Affirmative Defense in a Civil Proceeding Arising out of Acts for Which he has been Convicted in a Criminal Case.

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Feb
23
2007

In re Carly Van Dox (2/22/2007)

Arizona Supreme Court Clarifies the Standard the Disciplinary Commission Must Apply When Reviewing a Hearing Officer’s Findings of Fact.

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Feb
23
2007

Acosta v. Phoenix Indemnity Insurance Company (2/14/2007)

Arizona Court of Appeals Division Two Reverses Grant of Summary Judgment in Favor of Insurer in Automobile Accident Case.

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Feb
23
2007

In Re: MH 2006-000749 (2/13/2007)

Arizona Court of Appeals Division One Holds That a Patient Has the Power to Waive Attendance at an Involuntary Treatment Hearing, but the Patient’s Waiver Is Ineffective Unless the Superior Court Expressly Finds that it Is Given Knowingly and Intelligently.

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Feb
16
2007

In Re MH2006-000023 (2/13/2007)

Arizona Court of Appeals Division One Holds That 72-Hour Notice Requirement in A.R.S. § 36-536(A), Addressing Involuntary Treatment For Mental Disorders, Must Be Strictly Complied With And Cannot Be Waived.

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Feb
16
2007

Garcia v. Browning/State (2/9/2007)

Arizona Supreme Court Holds That Changes to the Criminal Code’s Affirmative Defense and Justification Defense Provisions Apply Only to Offenses Occurring on or After Its Effective Date of April 24, 2006.

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Feb
16
2007

Hall v. Smith (2/8/2007)

Arizona Court of Appeals Division Two Holds That A Defamatory Letter Sent to Parent Corporation of Party to Litigation is Protected By the Absolute Judicial Privilege.

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Feb
14
2007

Picaso v. Tucson Unified School District (2/13/2007)

Arizona Court of Appeals Division Two Holds that Mother Who Pleaded Guilty to Misdemeanor Child Abuse for Accidental Death of Her Son and Later Sued for Wrongful Death May Dispute that Her Negligence Was a Cause of the Boy’s Death and May Explain Why She Accepted the Guilty Plea.

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Feb
14
2007

City of Bisbee v. Arizona Water Co (2/8/2007)

Arizona Court of Appeals Division Two Affirms Courts Have Jurisdiction to Determine Whether a Utility Has a Right to Make Use of a City’s Public Streets and Rights-of-way Without a Proper Franchise and Affirms Grant of Summary Judgment in Favor of City.

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Feb
14
2007

Grace Howard Allen v. ADES and T.S.A (2/8/2007)

Arizona Court of Appeals Division Two Holds 2-1 That Judge Abused His Discretion In Denying Maternal Aunt’s Motion To Intervene In Juvenile’s Dependency Proceedings.

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Feb
14
2007

Osuna v. Wal-Mart Stores, Inc (2/8/2007)

Arizona Court of Appeals Division Two Reaffirms that Court of Appeals Lacks Jurisdiction where Complaint is Voluntarily Dismissed.

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Feb
6
2007

Gorney v. Meaney (1/31/2007)

Arizona Court of Appeals Division Two Holds that Stringent Expert Witness Pleading Requirements of ARS 12-2603 Contain No Exceptions for Informed Consent Cases.

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Feb
2
2007

Center Bay Gardens v. City of Tempe (1/30/2007)

Arizona Court of Appeals Division One Holds That Adjacent Property Owner Alleged Sufficient Specific Harm Peculiar to Itself and Different From That of the General Public to Have Standing to Challenge a Zoning Decision.

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Feb
1
2007

Parkinson v. Guadalupe Public Safety Retirement Local Board (1/30/2007)

Arizona Court of Appeals Division One Holds that Disability Need Not be the Sole Cause for Resignation of an Applicant Seeking an Accidental-Disability Pension.

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Jan
31
2007

State Farm Fire & Casualty Ins. Co. v. Grabowski (1/30/2007)

Arizona Court of Appeals Division One Finds Jury Instructions on Doctrine of Reasonable Expectations Must Include Requirement That Insurer Have Reason to Believe Insured Would Not Have Agreed to Challenged Policy Provision.

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Jan
31
2007

News Article (1/31/2007)

Arizona Court of Appeals decision involving pregnant inmates seeking abortions.

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Jan
29
2007

News Article (1/29/2007)

Arizona Court of Appeals decision that holds a city can't condemn land for park purposes outside the city limits.

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Jan
26
2007

Doe v. Arpaio (1/23/2007)

Arizona Court of Appeals Division One Holds That County Sheriff's Refusal to Transport Inmate Seeking Abortion Without a Court Order Is Not Reasonably Related to County's Stated Penological Interests.

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Jan
25
2007

George Winn v. Plaza Healthcare (1/23/2007)

Arizona Supreme Court Holds That A Late-Appointed Personal Representative May Bring an Elder Abuse Claim On Behalf of A Deceased Victim’s Estate.

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Jan
24
2007

Gipson v. Kasey (1/23/2007)

Arizona Supreme Court Holds Duty of Care Between Co-workers Created by Statutes Prohibiting Acts that Harmed One of Them.

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Jan
24
2007

Arizona Department of Economic Security v. Reinstein (1/18/2007)

Arizona Court of Appeals Division One Holds That Repeal of Statute Providing Right to Jury Trial In Parental Rights Severance Proceedings Does Not Apply Retroactively To Deny Jury Trial to Parents Who Had Requested Jury Trial Prior to the Repeal.

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Jan
24
2007

Lennar Corp. v. Auto-Owners Insurance Co. (1/23/2007)

Arizona Court of Appeals Division One Finds Claims of Damage to Home Caused by Allegedly Faulty Workmanship Sufficiently Allege an “Occurrence” Under Homebuilder’s Insurance Policies, Reverses Summary Judgment for Insurers.

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Jan
19
2007

Goddard v. Fields (1/16/2007)

Arizona Court of Appeals Division One Holds Attorney General is Not Entitled to Absolute Immunity from Claim of Defamation in Connection with Press Release.

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Jan
18
2007

Arizona Together v. Brewer (1/12/2007)

Arizona Supreme Court Refines “Separate Amendment” Test for Proposed Constitutional Amendments and Finds Proposition 107 (Defining Marriage) Would Constitute a Single Amendment.

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Jan
12
2007

Stein v. Sonus USA, Inc (1/9/2007)

Arizona Court of Appeals Division Two Affirms Trial Court’s Decision That Hearing Aids Are Not Subject to “Assistive Device” Warranty Statutes.

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Jan
10
2007

Haywood Securities, Inc. v. Hons. Ehrlich/Barker, et al. (1/10/2007)

Arizona Supreme Court Holds That a Typed Signature of a Judge in the “/s/ Name” Format on an Electronically Filed Judgment Complies With the Requirement of Rule 58(A) That Judgments Be “Signed.”

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Jan
10
2007

Contreras v. Walgreens Drug Store #3837 (12/28/2006)

Arizona Court of Appeals Division Two Affirms Grant of Summary Judgment In Slip And Fall Case Where Defendant Had No Actual or Constructive Notice of Condition And Plaintiff Did Not Present Sufficient Evidence Under “Mode-Of-Operation” Rule.

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Jan
10
2007

City of Phoenix v. Harnish (12/28/2006)

Arizona Court of Appeals Division One Holds That City Cannot Condemn Land for Park Purposes Outside its Territorial Limits.

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Jan
4
2007

News (1/4/2007)

Ninth Circuit (Judges Schroeder, Noonan, and Schiavelli) to Hear Arguments in the Proposition 200 Appeal on Monday, January 8, 2007.

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