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

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AZAPP Blog - 2020

Oct
7
2020

New Division One panels announced (10/6/2020)

The Arizona Court of Appeals Division One released the panel assignments for January 1, 2021 through June 30, 2021.

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Oct
5
2020

Clayton v. Kenworthy (9/15/2020)

Arizona Court of Appeals Division One holds that a court cannot prohibit the recording of a physical or mental examination under Arizona Rule of Civil Procedure 35.

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Sep
28
2020

Wood v. Nw. Hosp., LLC (8/28/2020)

Arizona Court of Appeals Division Two confirms that the voluntary payment doctrine does not require a payee to have had a claim of right to the payment in question.

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Sep
28
2020

JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP (9/18/2020)

Arizona Supreme Court holds that contractual time limits on lawsuits do not apply to a third party just because the third party is “closely related” to a contracting party.

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Sep
14
2020

Pro Bono Representation Program Update (8/6/2020)

The Chief Judge of Division One of the Arizona Court of Appeals has expanded the Court of Appeals Pro Bono Representation Program to allow self-represented parties to request that the Court evaluate their appeals to determine whether to place it in the program.

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Sep
14
2020

Eleven Applicants for Vacancy on Arizona Court of Appeals (9/1/2020)

The Commission on Appellate Court Appointments seeks public input on the eleven candidates being considered to fill the vacancy on Division One of the Arizona Court of Appeals created by the retirement of Judge Kenton D. Jones.

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Sep
11
2020

Lohr v. Bolick (9/8/2020)

Arizona Supreme Court holds that, though political candidates usually must list their actual residence address in their nomination paper and petitions, a candidate substantially complied by listing a nearby private mailbox address instead.

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Sep
11
2020

Perdue v. La Rue (9/3/2020)

The Court of Appeals Division One holds that the sham affidavit doctrine bars use of a declaration that contradicts testimony taken in separate litigation.

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Sep
10
2020

Free v. Indus. Comm’n of Ariz. (7/23/2020)

Arizona Court of Appeals Division One holds that an employee’s average monthly wage does not include an unused per diem food allowance.

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Sep
10
2020

Helvetica Servicing, Inc. v. Pasquan (8/3/2020)

Arizona Supreme Court holds that the question of whether a loan is a “construction loan” subject to anti-deficiency protection is a fact question based on a multi-factor test.

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Sep
10
2020

Heritage at Carefree LLC v. Ariz. Dep’t of Health Servs. (7/16/2020)

Arizona Court of Appeals Division One holds that an assisted living facility may not hold a Power of Attorney for a resident or allow an employee or family member to do so.

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Sep
10
2020

Standard Constr. Co. v. State (9/3/2020)

Arizona Court of Appeals Division One holds that when a contractor for a public entity timely exercises its contractual option to require non-binding mediation with a public entity after exhausting its administrative remedies, the time to file a notice of claim is tolled under A.R.S. § 12-821.01(C) until the mediation fails.

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Sep
9
2020

State v. City of Phoenix (8/3/2020)

Arizona Supreme Court holds that the City of Phoenix’s airport trip fees for ride-sharing vehicles do not violate Article 9, Section 25 of the Arizona Constitution, which restricts certain taxes and transaction-based fees on services.

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Sep
9
2020

CK Family Irrevocable Tr. No. 1 v. My Home Grp. Real Estate LLC (7/28/2020)

Arizona Court of Appeals Division One holds that a listing agreement signed by a real estate agent is valid and enforceable even if the designated broker for the agent’s company fails to review and initial the agreement, as required by statute.

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Sep
2
2020

In Re Real Prop. Known as 3567 E. Alvord Rd. (7/16/2020)

Arizona Court of Appeals Division Two holds that a property used in the facilitation of drug sales is subject to forfeiture.

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Aug
28
2020

Powers Reinforcing Fabricators, L.L.C. v. Contes (8/25/2020)

Arizona Court of Appeals Division One holds that a dismissal of an action consolidated with other actions is not always immediately appealable.

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Aug
28
2020

Saguaro Healing LLC v. State (8/20/2020)

Arizona Supreme Court holds that the Arizona Department of Health Services cannot deny a dispensary registration certificate to the only applicant from a county without a dispensary.

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Aug
3
2020

Johnson Utils., L.L.C. v. Ariz. Corp. Comm’n (7/31/2020)

Arizona Supreme Court holds that the Arizona Corporation Commission has constitutional authority to appoint an interim manager of a public service corporation for health and safety purposes.

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Jul
29
2020

McDaniel v. Banes (7/23/2020)

Arizona Court of Appeals Division One holds that the application of the four-year statute of limitations to an amended foreign judgment runs from when it is amended, not when it was originally issued.

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Jul
29
2020

Paulden Indus. LLC v. Big Chino Materials LLC (7/14/2020)

Arizona Court of Appeals Division One holds that when a deed reserves an estate in all minerals for the grantor, and separately allows the grantor to remove sand, stone, rock, and clay as necessary to remove minerals, then sand, stone, rock, and clay are not minerals under the deed.

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Jul
29
2020

Secure Ventures, LLC v. Johnson (5/5/2020)

Arizona Court of Appeals Division One holds that jurisdiction for forcible detainers brought by an owner who acquired title through a trustee’s sale rests solely with superior courts, and not justice courts.

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Jul
29
2020

Ariz. Biltmore Hotel Villas Condos. Ass'n v. Conlon Grp. Ariz., LLC (6/23/2020)

Arizona Court of Appeals Division One defines the limits of the procedural safe harbor in the Arizona Nonprofit Corporation Act (the “Nonprofit Act”) and holds that if a director discloses facts about one transaction, the safe harbor for that transaction does not extend to a later, distinct transaction even if the later transaction has a related subject matter or could loosely be considered a continuation of the earlier transaction.

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Jul
27
2020

Ibarra v. Gastelum (7/23/2020)

Court of Appeals Division One holds that the statutory duty to keep an apartment in a fit and habitable condition does not justify a negligence per se jury instruction.

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Jul
23
2020

Piccioli v. City of Phoenix and AFSCME, AFL-CIO, Local 2384 v. City of Phoenix (7/10/2020)

Arizona Supreme Court confirms that a public retirement plan does not violate common-law or constitutional pension protections by ending a longstanding practice that the plan never authorized in the first place.

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Jul
23
2020

Banner Univ. Med. Ctr. Tucson Campus, LLC v. Gordon (5/29/2020)

Arizona Court of Appeals Division Two holds that plaintiffs are not barred from suing private employers under vicarious liability theories for acts of employees subject to the notice of claim statute, A.R.S. § 12-821.01.

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Jul
17
2020

Torres v. JAI Dining Servs. (Phx.), Inc. (7/16/2020)

Arizona Court of Appeals Division One holds that a dram shop is not liable for injuries that occur after an overserved patron goes home, sleeps, then decides to drive.

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Jul
13
2020

Dinsmoor v. City of Phoenix (6/30/2020)

Arizona Court of Appeals Division One holds that a school district has a duty to protect a student who was shot off campus based on preexisting school-student relationship.

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Jul
2
2020

Cook v. Ryan (6/18/2020)

Arizona Court of Appeals Division One holds that prison disciplinary proceeding comported with due process where prisoner had advanced written notice of disciplinary charges and had opportunity to present written witness statements.

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Jul
1
2020

Heaphy v. Metcalf (6/18/2020)

Arizona Court of Appeals Division Two holds that a plaintiff does not waive privilege as to medical records just because her life expectancy may be relevant to her damages theory.

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Jun
24
2020

Wales v. Ariz. Corp. Comm’n (6/11/2020)

Arizona Court of Appeals Division One holds that the Arizona Corporation Commission’s hearing process does not violate due process.

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Jun
17
2020

Lagerman v. Ariz. State Ret. Sys. (5/14/2020)

Arizona Supreme Court holds that, under the State’s retirement system, an employee is not entitled to receive benefits until after he or she submits a retirement application.

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Jun
12
2020

Event Announcement: Appellate Oral Arguments By Remote Video (6/19/2020)

The State Bar’s Appellate Practice Section is hosting a panel discussion on appellate oral arguments by remote video.

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May
18
2020

Humphrey v. State (4/30/2020)

Arizona Court of Appeals Division One held that tort claims were barred by failure to comply with the notice of claim statute, A.R.S. § 12-821.01.

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May
18
2020

Enter. Life Ins. Co. v. Ariz. Dep't of Ins. (3/26/2020)

Arizona Court of Appeals Division One holds that A.R.S. § 23-1380 does not authorize the Department of Insurance to require a health insurer to discontinue all coverage when the insurer ceases to offer some coverage.

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May
18
2020

The State of the Netherlands v. MD Helicopters Inc. (3/19/2020)

Arizona Court of Appeals Division One holds that judgments secured in Dutch courts could be domesticated under Arizona’s version of the Uniform Foreign-Country Money Judgments Recognition Act, A.R.S. §§ 12-3251 to -3254.

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May
18
2020

Varela v. FCA US, LLC (5/5/2020)

Arizona Court of Appeals Division One holds that a tort claim based on a carmaker’s failure to install automatic emergency braking technology is not preempted by the federal government’s decision not to mandate that technology.

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May
13
2020

Laveen Meadows Homeowners Ass’n v. Mejia (5/5/2020)

Arizona Court of Appeals Division One holds that the phrase “may be foreclosed” in A.R.S. § 33-1807 refers to the commencement of a civil action seeking foreclosure rather than the issuance of a judgment of foreclosure and, therefore, partial payment of a lien does not entitle one to relief under Arizona Rule of Civil Procedure 60(b).

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May
7
2020

New Division One panels announced (4/27/2020)

The Arizona Court of Appeals Division One released the panel assignments for July 1, 2020 through December 31, 2020.

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Apr
29
2020

Morrissey v. Garner (4/21/2020)

Arizona Supreme Court holds that the number of signatures necessary to trigger a recall election is based on how many people voted at the most recent election for the office.

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Apr
29
2020

Goldman v. Sahl (3/5/2020)

Arizona Court of Appeals Division One held that (1) a communication that occurs preliminary to a judicial proceeding may be privileged against defamation claims when the defendant was “seriously considering” commencing litigation or had a good-faith basis to believe someone else was; and (2) Supreme Court Rule 48(l) does not bar abuse of judicial process claims involving a professional-discipline proceeding but the mere submission of a bar complaint that is dismissed without further action is not use of a judicial process for purposes of such a claim.

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Apr
27
2020

Governor Ducey appoints Judge Cynthia Bailey to the Court of Appeals (4/24/2020)

Governor Ducey appointed Judge Cynthia Bailey to the Arizona Court of Appeals, Division One.

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Apr
15
2020

Chung v. Choulet (1/28/2020)

Arizona Court of Appeals Division One holds that courts may only grant a delayed appeal upon a showing of due diligence or extraordinary circumstances.

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Apr
15
2020

Maricopa Cty. v. Rana (2/25/2020)

Arizona Court of Appeals Division One holds that a functional standard applies to the zoning requirement that a group home operate as a “family-like environment,” and also that providing on-site group and individual counseling is a permissible part of the “care, training, or support” allowed in the zoning ordinance.

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Apr
15
2020

Sholem v. Langevin (3/30/2020)

Arizona Supreme Court held that (1) under Arizona Rule of Civil Procedure 4(i), if a plaintiff shows good cause for failing to serve a defendant within ninety days, a court is required to extend the time for service; (2) Rule 4(i) also allows a court, in its discretion, to extend the period for service without a plaintiff showing good cause; and (3) that if the ninety-day period for service has expired, a plaintiff seeking an extension under Rule 4(i) need not show that the delay in service or the delay in requesting an extension was due to excusable neglect, as is required under Arizona Rule of Civil Procedure 6(b)(1)(B).

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Apr
15
2020

Houser v. City of Phoenix (4/9/2020)

Arizona Court of Appeals Division One holds that if a Board of Adjustment authorizes requests for reconsideration and a party seeks reconsideration, the thirty-day clock under A.R.S. § 9-462.06(K) to file a special action challenging a Board of Adjustment’s decisions runs from when the Board acts on the request for reconsideration.

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Apr
13
2020

Arizona Supreme Court to Livestream Remote Oral Arguments (4/9/2020)

The Arizona Supreme Court announced that it will livestream oral arguments being conducted remotely on April 14 and April 16, 2020.

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Apr
6
2020

Brown v. Dembow (2/25/2020)

Arizona Court of Appeals Division One holds that after a Class 6 felony is reduced to a misdemeanor upon completion of probation, the offense cannot be used as impeachment evidence under Rule 609.

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Apr
6
2020

Iverson v. Nava (2/27/2020)

The Arizona Court of Appeals Division One clarifies the scope of courts’ jurisdiction over counterclaims in detainer actions.

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Apr
6
2020

Ansley v. Banner Health Network (3/9/2020)

Arizona Supreme Court holds that a hospital that accepts payment from a state Medicaid agency for a patient may not pursue additional payment by imposing a lien on money owed to the patient by a third party.

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Apr
6
2020

Scott v. Kemp (3/5/2020)

Arizona Court of Appeals Division One holds that non-resident officers, managers, and partners of a nationwide network of skilled-nursing and other long-term care facilities are subject to personal jurisdiction in Arizona.

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Mar
26
2020

Ten Applicants Recommended for Vacancy on Arizona Court of Appeals (3/26/2020)

The Commission on Appellate Court Appointments has recommended ten nominees to Governor Doug Ducey to fill the vacancy on Division One of the Arizona Court of Appeals created by the resignation of Judge Diane Johnsen.

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Mar
26
2020

Division One of the Arizona Court of Appeals Issues New Extension Policy (3/26/2020)

Effective April 1, 2020, the Arizona Court of Appeals, Division One, has enacted a new policy requiring a showing of good cause for all extensions of time, including a first request.

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Mar
11
2020

Specialty Companies Grp. LLC v. Meritage Homes of Ariz. Inc. (2/25/2020)

Arizona Court of Appeals Division One holds that a claim to pierce the corporate veil may be raised in an action on a judgment and that such an action is governed by the limitation period for actions to enforce a judgment.

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Mar
11
2020

Fields v. Elected Officials Ret. Plan (2/6/2020)

Arizona Court of Appeals Division One holds that a party who agrees to pay its attorney only those fees awarded by a court does not become ineligible for a fee award under A.R.S. § 12-341.01.

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Mar
2
2020

Hwal’Bay Ba: J Enters., Inc. v. Jantzen (2/25/2020)

Arizona Supreme Court announces a six-factor test to determine whether a tribal economic entity is an “arm of the tribe” for sovereign immunity purposes.

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Mar
2
2020

France v. Indus. Comm’n of Ariz. (2/18/2020)

Court of Appeals Division One held that, for workers’ compensation purposes, the phrase “unexpected, unusual or extraordinary stress related to employment” means work-related stress that is sufficiently significant and noteworthy to differentiate it from non-compensable, general stress caused by the work regimen.

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Feb
12
2020

Simmons v. Indus. Comm’n of Ariz. (2/7/2020)

Court of Appeals Division Two holds that an administrative law judge erred by applying incorrect “earning capacity disability” legal standard and by failing to determine who had the applicable burden of proof.

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Feb
10
2020

Am. Civil Liberties Union of Ariz. v. Ariz. Dep’t of Child Safety (1/14/2020)

Arizona Court of Appeals Division One holds that a government’s internal confusion is not a sufficient reason to explain a delay in the production of documents in response to a public records request and that a requesting party does not substantially prevail unless the records provided substantially provide the information sought by the underlying requests.

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Feb
7
2020

Seven Applicants for Vacancy on Arizona Court of Appeals (2/7/2020)

The Commission on Appellate Court Appointments seeks public input on the seven candidates being considered to fill the vacancy on Division One of the Arizona Court of Appeals created by the resignation of Judge Diane Johnsen.

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Feb
6
2020

Rizzio v. Surpass Senior Living LLC (1/30/2020)

Arizona Court of Appeals Division One holds that an arbitration agreement requiring one party to bear all costs and fees regardless of who prevails is unconscionable, but the offending provision may be severable.

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Feb
6
2020

Terrell v. Torres (1/23/2020)

The Arizona Supreme Court holds that a couple’s election on an in vitro fertilization consent agreement requires that their cryogenically preserved embryos be donated rather than used by one partner without the express consent of the other.

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Feb
6
2020

Bottomlee v. State (1/28/2020)

Arizona Court of Appeals Division One holds that a state daycare inspector created a special relationship with infants at daycare by issuing an allegedly grossly negligent corrective action plan that lead to an infant’s suffocation.

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Feb
6
2020

AU Enters., Inc. v. Edwards (1/21/2020)

Arizona Court of Appeals Division Two holds that an eviction order is not a final appealable order unless it resolves attorneys’ fees.

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Jan
31
2020

Sun City Home Owners Ass’n v. Ariz. Corp. Comm’n (1/23/2020)

Arizona Court of Appeals Division One upholds constitutionality of Arizona Corporation Commission’s consolidation of rates for five EPCOR Water Arizona, Inc. wastewater districts.

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Jan
31
2020

Williams v. King (1/23/2020)

Arizona Court of Appeals Division One holds that there is no right to a jury trial for a statutory claim that did not exist when the Arizona Constitution was adopted.

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Jan
10
2020

Applications Being Accepted for Vacancy on Court of Appeals, Division One (1/8/2020)

The Commission on Appellate Court Appointments is currently accepting applications for the vacancy on Division One of the Court of Appeals created by the resignation of Judge Diane M. Johnsen.

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Jan
6
2020

Tucson Estates Prop. Owners Ass’n v. Estate of Ross E. Jenkins (11/12/2019)

Arizona Court of Appeals Division Two holds that a trial court may reduce the fees and costs requested in an uncontested fee application when the contract provides for the award of reasonable attorneys’ fees.

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Jan
6
2020

Martin v. Staheli (12/19/2019)

The Court of Appeals Division One held that an injured party’s death does not extinguish a familial consortium claim of a surviving family member.

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Jan
3
2020

Fleming v. Tanner (12/10/2019)

Court of Appeals Division One holds that the statutory interest rate in A.R.S. § 44-1201(A) does not apply to an oral loan that did not anticipate interest.

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Jan
3
2020

Ctr. for Auto Safety v. Goodyear Tire & Rubber Co. (11/26/2019)

Arizona Court of Appeals Division One holds that a court may unseal or expose trade secrets to the public only in extraordinary circumstances.

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