AZAPP Blog - 2013

Michael Cooke v. Arizona Department of Economic Security (5/14/2013)

Arizona Court of Appeals Division One Holds That Statute Defining Cognitive Disability Trumps Division of Developmental Disabilities’ Interpretation of the Statute.

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Calisi v. Unified Financial Services, LLC (4/11/2013)

Arizona Court of Appeals Division One Holds that a Business’s Customer List Is Not a Trade Secret Where the Business Has Not Shown that the List Contains Unique and Original Information, that the Business Invested Substantial Time and Effort to Acquire the Information, or that the Business Treated the List as Secret.

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Western States Petrol., Inc. v. Arizona Dep’t of Envtl. Quality (5/7/2013)

Arizona Court of Appeals Division One Holds That Separate Insurance Coverage is a Prerequisite to Additional State Assurance Fund Coverage.

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Bulk Transp. v. Indus. Comm’n of Ariz. (5/7/2013)

Arizona Court of Appeals Division One Holds That a Neck Scar Is Compensable Under A.R.S. § 23-1044(B)(22), Which Covers “Permanent Disfigurement About the Head or Face.”

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Thiele v. City of Phoenix (4/2/2013)

Arizona Court of Appeals Division One Holds That Arizona Rule of Civil Procedure 67(d), Which Requires a Trial Court to Order a Plaintiff to Provide Security for Costs on a Showing That He Does Not Own Property Within the State That Could Satisfy the Defendant’s Claim for Costs in the Litigation, Is Facially Constitutional Because the Requirement May Be Waived Based on the Plaintiff’s Inability to Post Bond.

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Beverage v. Pullman & Comley, LLC (4/25/2013)

Arizona Court of Appeals Division One Holds that Arizona may exert Personal Jurisdiction over an Out-of-State Law Firm that Issues an Opinion Letter to an Arizona Resident Regarding Federal Law

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Special Fund Division v. Industrial Commission of Arizona (4/18/2013)

Arizona Court of Appeals Division One Holds that Congenital Condition Does Not Qualify as Amputation for Purposes of Disability Apportionment.

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Shaw v. CTVT Motors, Inc. (3/28/2013)

Arizona Court of Appeals Division One Holds the Economic Loss Rule Does Not Apply to Cases Brought Under the Arizona Consumer Fraud Act.

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In re Estate of Kirkes (3/1/2013)

Arizona Supreme Court Holds That a Deceased Spouse May Leave More Than One-Half of a Community-Owned Retirement Account to a Non-Spouse Beneficiary as Long as the Surviving Spouse Receives at Least One-Half of the Community’s Total Value.

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Kahn v. Ariz. Medical Board (3/26/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 12-2604(A) Is Inapplicable to Board Disciplinary Proceedings.

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Summers Group, Inc. v. Tempe Mechanical (3/19/2013)

Arizona Court of Appeals Divison One Holds That A Fee Award Against Mechanics’ Lien Claimants Must Be Apportioned Among All Lien Claimants That Have Asserted Their Lien Rights.

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Blankenbaker v. Marks (3/28/2013)

Arizona Court of Appeals Division One Holds That Mandamus Is Not Available to Compel the Director of the Arizona Department of Insurance to Enforce A.R.S. § 20-461(B), a Statute Prohibiting Discrimination Between Different Types of Physicians, Because Enforcement of That Statute Is Discretionary.

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Robert Baker v. University Physicians Healthcare, et al. (3/12/2013)

Arizona Supreme Court Holds That in Medical Malpractice Cases, an Expert’s "Specialty" Under ARS § 12-2604 May Be a Subspeciality if the Expert Spends a Majority of His or Her Time Practicing or Teaching in That Specialty.

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Stagecoach Trails MHC, L.L.C. v. City of Benson (3/5/2013)

Arizona Supreme Court Holds That A Party Is Not Required to Exhaust Available Administrative Remedies Before Appealing to the Superior Court When The Pursuit of Administrative Remedies Would Be Futile.

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Mackinney v. City of Tuscon (3/13/2013)

Arizona Court of Appeals Division Two Holds That The Term “Premises” Under Arizona’s Recreational Use Statute, A.R.S. § 33-1551, Includes a Golf Course.

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Baker v. Bradley et al. (3/5/2013)

Arizona Court of Appeals Division One Holds that it may Exercise Jurisdiction over a Premature Appeal unless Substantive Motions or Issues Await Determination.

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James C. Sell v. The Honorable J. Richard Gama, et al. (2/22/2013)

Arizona Supreme Court Holds That There Is No Cause of Action for Aiding And Abetting Under the Arizona Securities Act, Overruling State v. Davis.

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Prutch v. Town of Quartzsite (2/26/2013)

Arizona Court of Appeals Division One Holds That The Defense Of Laches Requires Proof of Prejudicial Delay And Unreasonable Conduct.

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Marquez v. Ortega (2/28/2013)

Arizona Court of Appeals Division One Holds that Rule 37(c) Does Not Prevent a Trial Court From Ordering Preclusion of Evidence as a Sanction If a Trial Date has Not Been Set.

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Jayne Friedman v. Cave Creek Unified School District No. 93 (2/28/2013)

Arizona Court of Appeals Division One Holds That Statute Authorizing Alternative Use for School Bond Proceeds Is Unconstitutional.

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In re Estate of Riley (3/1/2013)

Arizona Supreme Court Holds That A.R.S. § 14-3952(1) Requires All Beneficiaries to Execute a Settlement Agreement if It Affects Beneficial Interests in the Estate and the Settling Parties Seek Court Approval Pursuant to A.R.S. § 14-3951.

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Arizona State Hospital v. Klein (2/5/2013)

Arizona Court of Appeals Division One Holds That Arizona Rule of Evidence 702 Applies to Mental-Health Testimony at an Evidentiary Hearing on a Petition for Discharge Filed by a Person Committed under the Arizona Sexually Violent Persons Act.

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Pawn 1st, LLC v. City of Phoenix (1/31/2013)

Arizona Court of Appeals Division One Holds That Any Taxpayer of a Municipality Has Standing to Challenge a Decision of the Municipality’s Legislative Body or Board in a Statutory Special Action in Superior Court under A.R.S. § 9-462.06(K).

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Tumacacori Mission Land Development, LTD v. Union Pacific Railroad Company (1/29/2013)

Arizona Court of Appeals Division Two Holds Claim Preclusion Bars Assertion of Easement Claims That Rely on Same Facts as Original Action.

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News Release (2/8/2013)

Governor Jan Brewer Names Appointment to Arizona Court of Appeals

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Champlin v. Bank of America, N.A. (1/31/2013)

Arizona Court of Appeals Division Two Holds That Rule 55(a) Requires Notice To Defaulting Party Be Sent Contemporaneously With The Filing Of An Entry Of Default.

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Reynolds v. Reynolds (1/31/2013)

Arizona Court of Appeals Division One Holds That Courts Must Determine as a Matter of Law Whether Allegedly Defamatory Material Is Capable of Bearing a Particular Meaning, and Whether That Meaning Is Defamatory.

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State Farm Mut. Auto. Ins. Co. v. White (1/3/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 20-259.03 Does Not Bar Payment of Wrongful-Death Benefits from an Underinsured Motorist Policy to a Person Who Is Defined In the Policy as a Surviving Insured But Who Is Not a Named Insured Under the Policy.

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Rumery v. Baier (1/9/2013)

Arizona Supreme Court Holds That A.R.S. § 37-527 Violates Article 10, Section 7(A) of the Arizona Constitution by Diverting up to Ten Percent of Certain Trust Land Proceeds to a Management Fund.

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Brimet II, LLC v. Destiny Homes Marketing, LLC (1/8/2013)

Arizona Court of Appeals Division One Holds that the Doctrines of Replacement and Equitable Subrogation Only Exist Up to the Amount Paid to Release a Senior Lien.

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Cave Creek Unified School District v. Doug Ducey (1/15/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 15-901.01 Requires the Legislature to Provide for Annual Inflationary Increases in Each Component of the Revenue Control Limit, Including the Base Level.

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McMurtry v. Weatherford Hotel, Inc. (1/10/2013)

Arizona Court of Appeals Division One Holds That (1) Testimony of Premise Liability Expert Is Admissible Under Rule of Evidence 702, (2) The “Open and Obvious” Nature Of A Danger Is One Factor In Determining Negligence, and (3) Escorting A Person From Premises Does Not Necessarily Absolve Dram Shop Liability.

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Quality Education & Jobs Supporting I-16-2012 v. Bennett (1/17/2013)

Arizona Supreme Court Finds Secretary of State’s Ballot and Voter Guide Description of Proposition 204 Sales Tax Measure Not False or Clearly Misleading.

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Tobin v. Rea (1/17/2013)

Arizona Supreme Court Holds That Legislative Council’s Analysis of Proposition 204 Was Not Impartial.

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Bowen Prods., Inc. v. French (1/24/2013)

Arizona Court of Appeals Division One Holds That When a Notice of Nonparty at Fault Specifically Identifies a Nonparty, and Timely Disclosures Explain the Factual Basis of the Fault, the Documents Must Be Read Together to Determine Whether the Notice Complies with Ariz. R. Civ. P. 26(b)(5).

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Save Our Vote v. Bennett (1/7/2013)

Arizona Supreme Court Holds That Prop 121, the “Top Two” Primary Initiative, Did Not Violate the Separate Amendment Rule.

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Bradshaw v. Jasso-Barajas (1/8/2013)

Arizona Court of Appeals Division One Holds That Courts Must Determine Whether Rule 77(f) Applies Before Imposing Rule 68(g) Sanctions.

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Belen Loan Investors, LLC v. Bradley (12/21/2012)

Arizona Court of Appeals Division Two Holds that Appraiser May Be Liable to Third Parties for Negligent Misrepresentation Despite Provision in Appraisal Stating that Appraisal Is Not Intended to Be Relied Upon by Third Parties.

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Wells Fargo Bank v. Allen (12/4/2012)

Arizona Court of Appeals Division One Holds that a Plaintiff Cannot Shift the Burden of Proof to the Defendant by Filing a Motion for Summary Judgment.

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Searchtoppers.com, L.L.C. v. TrustCash LLC (12/20/2012)

Division One of the Arizona Court of Appeals Creates a Split with Division Two in Holding That a Party Who Has Been Defaulted in a Liquidated Damages Case for Failure to Appear Is Not Entitled to Notice and an Opportunity to Be Heard on Damages Under Arizona Rule of Civil Procedure 55(b)(2).

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Cornerstone Hospital of Southeast Arizona, L.L.C. v. Marner ex rel Blackburn (12/7/2012)

Arizona Court of Appeals Division Two Holds That Statutory Requirements for Standard-of-Care Experts in Medical Malpractice Suits Apply to Experts in Malpractice Suits Involving Vulnerable Adults Under the Adult Protective Services Act.

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