AZAPP Blog - 2022

RT Auto. Ctr., Inc. v. Westlake Servs. LLC (4/12/2022)

Arizona Court of Appeals Division One holds that a showing of fraud can invalidate a forum selection clause only if such fraud was directed at procuring the clause itself, not the broader contract.

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Batty v. Ariz. Med. Bd. (5/10/2022)

Arizona Court of Appeals Division One holds that a doctor’s intentional conduct with a patient may constitute unprofessional conduct if the conduct is of a sexual nature, even if the conduct is not sexually motivated.

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Event Announcement (5/19/2022)

Please Join the Appellate Practice Section for a Special Program about the Ninth Circuit Court.

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Ridgell v. Ariz. Dept’t of Child Safety (3/31/2022)

Arizona Court of Appeals Division One holds that a mother who lawfully uses marijuana under the Arizona Medical Marijuana Act during her pregnancy may not be placed on the Department of Child Safety’s Central Registry.

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Terry v. United Parcel Serv., Inc. (3/31/2022)

Arizona Court of Appeals Division One holds that employer’s termination of marijuana-medical-card-possessing employee, when employee tested positive for a metabolite of marijuana after employee exhibited impairment during work, did not violate the Arizona Employment Protection Act or the Arizona’s Medical Marijuana Act.

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Duncan v. Pub. Storage, Inc. (3/8/2022)

Arizona Court of Appeals Division One holds that separability doctrine requires court to consider whether alleged fraud induced individual to agree to arbitrate their claims, separate from whether individual was included to enter contract as a whole.

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Baeuerlen v. Ariz. State Parks & Trails Dep’t (3/1/2022)

Arizona Court of Appeals Division One holds that a just cause finding by the Arizona Law Enforcement Merit System Council regarding an officer’s discipline under A.R.S. § 41-1830.16(C)(1) extinguishes its authority to recommend a lesser sanction under § 41-1830.16(C)(2).

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Varela v. FCA US LLC (3/1/2022)

Arizona Supreme Court holds that state tort law claims regarding automatic emergency braking technology are not preempted.

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Kalway v. Calabria Ranch HOA, LLC (3/22/2022)

Arizona Supreme Court holds that future CC&R amendments cannot be new or entirely different from the original CC&Rs.

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New Division One panels announced (3/8/2022)

The Arizona Court of Appeals Division One released the panel assignments for July 1, 2022 through December 31, 2022.

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Puente v. Ariz. State Legislature (2/15/2022)

Arizona Court of Appeals Division One holds that whether a legislative committee quorum violates the Open Meeting Law by meeting outside public view is not a nonjusticiable political question, and the “political caucus” exception to the Open Meeting Law does not apply when legislators from one political party gather with lawmakers from other states and corporate lobbyists to draft legislation.

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Lattin v. Shamrock Materials, LLC (2/3/2022)

Arizona Supreme Court holds that, in an action on a community debt or obligation, A.R.S. § 25-215(D) does not require a plaintiff to join a debtor defendant’s spouse before executing a judgment for attorney fees and costs against community assets.

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Aloia v. Gore (2/15/2022)

Arizona Court of Appeals Division One holds that a Rule 60(b) motion cannot be used to evade the timeliness requirement of a motion for a new trial under Rule 59.

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BLK III, LLC v. Skelton (2/17/2022)

Arizona Court of Appeals Division One holds challenged noise complaints to local authorities were protected by Arizona’s anti-SLAPP statute.

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Rogers v. Mroz (2/1/2022)

Arizona Supreme Court holds that the First Amendment bars defamation lawsuits brought by third parties referenced in political advertisements under certain circumstances.

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Ariz. Sch. Bds. Ass’n, Inc. v. State (1/6/2022)

Arizona Supreme Court holds that parts of the state legislature’s budget reconciliation bills are void due to violations of the title requirement and single subject rule.

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In re McLauchlan (1/27/2022)

Arizona Supreme Court holds that a recorded judgment lien attaches to homestead property if the debtor has equity in excess of the amount exempt under Arizona law.

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Windhurst v. Ariz. Dep’t of Corr (11/2/2021)

Arizona Court of Appeals Division Two holds that medical expert testimony regarding institutional standards of care are not subject to A.R.S. § 12-2604’s stricter requirements for that of individual providers.

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Benson v. Casa de Capri Enters., LLC (1/20/2022)

Arizona Supreme Court holds that, in a garnishment action by a judgment creditor against the judgment debtor’s insurer for loss coverage, the insurer may not invoke the doctrine of direct benefits estoppel to bind the judgment creditor to the arbitration terms in the insurance contract.

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Legacy Found. Action Fund v. Citizens Clean Elections Comm’n (1/20/2022)

Arizona Court of Appeals Division One holds a party cannot collaterally attack an agency’s jurisdiction where the party previously challenged jurisdiction in an administrative proceeding but failed to timely appeal the agency’s decision.

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Ramos v. Nichols (1/25/2022)

Arizona Court of Appeals Division One sanctions litigant for failure to satisfy ARCAP Rule 13.

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Banner Univ. Med. Ctr. Tucson Campus, LLC v. Gordon (1/20/2022)

Arizona Supreme Court holds that an order dismissing claims against employees under A.R.S § 12-821.01 is not a final judgment on the merits such that it would preclude claims of vicarious liability against its employer for the same conduct.

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Diaz v. BBVA USA (1/7/2022)

Arizona Court of Appeals, Division Two, holds that bankruptcy discharge of obligation to make payments on a home equity loan does not extinguish bank’s ability to foreclose.

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Ray and Lindsay – 11, LLC v. Town of Gilbert (9/7/2021)

Arizona Court of Appeals Division One holds that mutual agreements between a city and landowner, in which the landowner agrees to reimburse the city for improvements, are development agreements authorized and governed by A.R.S. § 9-500.05, and are not circumscribed as assessments under A.R.S. § 9-243.

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Underwood v. Wilczynski (12/16/2021)

Court of Appeals Division Two holds property with legal access to outlet but without existing roadway was entitled to use portion of federal right-of-way to construct a roadway across neighboring properties.

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Advanced Prop. Tax Liens, Inc. v. Othon (10/25/2021)

Arizona Court of Appeals Division Two holds that tax lien company’s tax lien judgment and default judgment were void for failure to serve notice.

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Deal v. Deal (11/30/2021)

The Court of Appeals Division One holds that the statute governing notaries does not impose an independent duty of impartiality.

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Grunwald v. Scottsdale Healthcare Hosps. (8/31/2021)

Arizona Court of Appeals Division One holds that health care services organizations are the equivalent of HMOs.

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Magellan Health, Inc. v. Duncan (12/14/2021)

Arizona Court of Appeals Division One holds that a federal district court’s dismissal of a case “with prejudice” on jurisdictional grounds does not have preclusive effect on the underlying claims.

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