AZAPP Blog - 2012

Murphy Farrell Development, LLLP v. Sourant (2/16/2012)

Arizona Court of Appeals Division One Holds That (1) a Trial Court Does Not Err in Failing to Impose a Constructive Trust on Property When There Is No Connection Between the Defendant’s Breach of an Agreement and the Defendant’s Acquisition of Rights to the Property, and (2) a Trial Court Does Not Have Discretion to Refuse to Award Attorneys’ Fees to a “Prevailing Party” in Litigation When a Mandatory Contract Provision Applies.

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Higginbotham v. AN Motors of Scottsdale (2/2/2012)

Arizona Court of Appeals Division One Holds that in a Vicarious Liability Negligence Action Against an Employer, an Employee Running a Personal Errand or Taking a Refreshment Break During Work Hours Is Not as a Matter of Law Outside the Scope of Employment.

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BYS Inc., v. Salah Smoudi dba Me Too Me Too (2/9/2012)

Arizona Court of Appeals Division One Applies Hearing and Notice Requirements to Motion for Default Judgment in Sum Certain Cases.

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Sedona Grand, LLC v. City of Sedona (2/7/2012)

Arizona Court of Appeals Division One Holds That Municipality’s Declared Purpose in Passing Ordinance Is Not Dispositive as to Whether the Law Falls Within the “Health and Safety” Exemption of Arizona Private Property Rights Protection Act.

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In the matter of Estate of King (2/7/2012)

Arizona Court of Appeals Division One Holds That Life Insurance Proceeds Paid to a Decedent’s Beneficiary are Exempt From Claims of Creditors of Decedent’s Estate Pursuant to A.R.S. § 20-1131(A) and That This Statutory Protection Can Only Be Waived Through Clear, Effective Language.

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Democratic Party of Pima County v. Ford (1/27/2012)

Arizona Court of Appeals Division Two Holds That a Trial Court Has Broad Discretion Under A.R.S. § 39-121.02(B) to Award Attorneys’ Fees to a Party Who Seeks Public Records and Substantially Prevails.

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News Release (2/7/2012)

Public Asked for Input on Candidates for Arizona Court of Appeals.

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News Release (2/1/2012)

10 Applicants Being Considered for Arizona Court of Appeals.

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Benkendorf v. Advanced Cardiac Specialists Chartered (1/24/2012)

Arizona Court of Appeals Division One Holds That an Expert Witness Called by the Defense to Testify About Causation in a Medical Malpractice Case May Testify About “Possible” Causes of the Plaintiff’s Injury.

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AZ Central Article (1/30/2012)

Former Arizona Justice Michael Ryan Died Last Night.

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Dayka & Hackett, LLC v. Del Monte Fresh Produce N.A., Inc. (1/25/2012)

Arizona Court of Appeals Division Two Holds That for Purposes of Determining the Priority of Security Interests in Collateral Under A.R.S. § 47-9307(B)-(C), a Debtor Is Located in Washington, D.C. if the Debtor Resides in a Jurisdiction That Does Not Generally Require the Recording of Security Interests in Order to Obtain Priority over Lien Creditors.

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BNSF Railway Co. v. Buttrick (12/29/2011)

Arizona Court of Appeals Division One Holds That a Trial Court Exceeded Its Jurisdiction by Granting a Rule 26(c) Protective Order Denying Employer Access to CBA-Required Notices Concerning Injured Employee’s Medical Status.

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Colorado Casualty Insurance Company v. Safety Control Company, Inc. (1/5/2012)

Arizona Court of Appeals Division One Holds that Defendant May Enter a Damron Settlement Agreement, Assigning Defendant’s Rights Against Primary Insurer, Notwithstanding Defense of Defendant by Excess Insurer.

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Judge Johnsen Elected Vice Chief Judge (1/18/2012)

news

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Goodman v. Physical Resource Engineering, Inc. (12/28/2011)

Arizona Court of Appeals Division Two Holds, inter alia, That (1) a Parties’ Prior Course of Dealing Alone Does Not Create an Implied Contract; and (2) an Agency Relationship Between a Developer and General Contractor Is Not Implied and Must Be Supported by Evidence Establishing Such a Fiduciary Relationship Between Parties.

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BNSF Railway Company v. Arizona Corporation Commission (1/3/2012)

Arizona Court of Appeals Division One Affirms Arizona Corporation Commission’s Authority over Installation of Horns at Railroad Crossings As Not Preempted by Federal Regulation.

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The Best Choice Fund, LLC v. Low & Childers, PC (12/20/2011)

Arizona Court of Appeals Division One Holds that Rules Regarding the Accrual of Legal Malpractice Claims During Litigation Are Not Applicable Outside of the Litigation Context and Refuses to Decide Whether to Adopt the Continuous Representation Rule in Arizona.

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M&I Bank v. Mueller (12/27/2011)

Arizona Court of Appeals Division One Holds That A.R.S. § 33-814(G) Provides Anti-Deficiency Protection to Property Owners Whose Home is Under Construction at the Time of the Foreclosure and Trustee Sale So Long As the Owners Intended to Occupy the Home Upon Its Completion.

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Judicial Watch, Inc. v. City of Phoenix (12/22/2011)

Arizona Court of Appeals Holds That Mayor’s Personal Privacy Interest Do Not Outweigh Public’s Interest In Disclosure of Public Records Because The City Failed To Show Specifically How Particular Disclosures Would Compromise the Mayor’s Privacy Interest.

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