CIVIL
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February 2, 2010 . . . . . . . CV 08-0746 . . . . . .
. . . . . . . . . . . .State v. Taylor
Does interest accrue pursuant to Arizona Revised Statutes section 44-1201 on
a civil penalty order issued by the Office of Pest Management?
February 2, 2010 . . . . . . . CV 08-0763 . . . . . .
. . . . . . . . . . . .Arizona Tile v. Berger
1. Can Arizona Revised Statutes section 33-1005 impose personal liability
upon a
corporate director?
2. Are attorneys' fees awardable pursuant to Arizona Revised Statutes
section
12-341.01(A) for a recovery arising out of Arizona Revised Statutes section
33-1005?
February 2, 2010 . . . . . . . CV 09-0090 . . . . . .
. . . . . . . . . . . Gamboa v. Metzler
Did the trial court err by enforcing the agreed upon trial time limits?
January 28, 2010. . . . . . . .CV 08-0562. . . .
. . . . . . . . . . . . . . Aztar v. US Fire
1. What does the term “interruption of
business, whether total or partial” mean in a contract of insurance?
2. Does the trial court have
discretion to award fees under ARCP 54(g)(2) when the fee application is
not timely and no timely motion to extend 20 day time period in the rule
was sought?
January 28, 2010. . . . . . . . CV 08-0841. . . . . .
. . . . . . . . . . . . Federico v. Maric
Did the trial court correctly rule that the facts alleged by the plaintiff did
not support his aiding and
abetting claim against a doctor who performed an independent medical
examination?
January 14, 2010 . . . . . . . CV 08-0408 . . . . . .
. . . . . . . . . . . . State v. Bail Bonds
Did the trial court prematurely forfeit an appearance bond for a criminal
defendant
who had been released into federal custody, where she remained?
January 14, 2010 . . . . . . . CV 08-0675 . . . . . .
. . . . . . . . . . . . Beck v. Deem
Do Arizona Revised Statutes sections 14-3972 and -3910 protect a subsequent
purchaser of property from a person acquiring the property through an Affidavit
for
Transfer of Real Property Title, even when portions of the affidavit were false
and there
is evidence the Affidavit was obtained through fraudulent activity?
January 5, 2010 . . . . . . . . CV 08-0800 . . . . . .
. . . . . . . . . . . . Ritchie v. Salvatore Gatto Partners
When service of a tax lien foreclosure action is initiated by publication rather
than
personal service, and the lien is redeemed prior to completion of the
publication process
required under Arizona Rule of Civil Procedure 4.1(n), is the purchaser of the
lien entitled to
recover his attorneys' fees and costs pursuant to Arizona Revised Statutes
section 42-18206?
December 24, 2009 . . . . . CV 08-0692 . . . . . . . .
. . . . . . . . . . Romer-Pollis v. Ada
Did the trial court abuse its discretion when it dismissed plaintiff's appeal
from the
arbitration award because it determined that the plaintiff failed to participate
in
the arbitration in good faith?
December 24, 2009 . . . . . CV 08-0818 . . . . . . . .
. . . . . . . . . . Pullen v. Pullen
1. Does the reasoning of Little v. Little, on what test to apply to
attribute greater
income to a parent for support purposes, apply to attributing income to a spouse
for maintenance purposes?
2. What factors should a court consider in determining whether to
attribute greater
income to a spouse for maintenance purposes?
December 22, 2009 . . . . . CV 08-0655 . . . . . . .
. . . . . . . . . . . Kaufman v. Langhofer
Under Arizona law, may a plaintiff in a veterinary malpractice action recover
damages for
emotional distress and loss of companionship arising out of the death of his or
her pet?
December 22, 2009 . . . . . CV 08-0733 . . . . . . . .
. . . . . . . . . . T.P. Racing v. Ariz. Dept. of Racing
Pursuant to Arizona Revised Statutes section 5-107.01, is the Arizona Department
of Racing
authorized to pass to the applicant the full costs of a comprehensive financial
background
check before renewing a license?
December 15, 2009 . . . . . CV 08-0840 . . . . . . . .
. . . . . . . . . . Amtrust Bank v. Fossett
Does a lender discharge a debt, within the meaning of Arizona law, by issuing an
Internal
Revenue Service Form 1099-C to a borrower in default?
December 15, 2009 . . . . . CV 09-0174 . . . . . . . .
. . . . . . . . . . . Lebaron v. Kaufman
Can one violation, by one person, of Arizona Revised Statutes section 33-420(A)
(providing sanctions for filing a groundless lis pendens) result in sanctions
beyond
$5,000 if no actual damages are shown?
December 8, 2009 . . . . . . CV 07-0815 . . . . .
. . . . . . . . . . . . . . Wendland v. AdobeAir
Did the trial court abuse its discretion in allowing plaintiffs' expert witness
to testify about OSHA
standards that govern the protection of open pits, even though such standards
are not binding
on the defendant?
December 8, 2009 . . . . . . CV 08-0267 . . . . . . .
. . . . . . . . . . . . Sulavka v. State
Is a person charged with shoplifting by concealment, a misdemeanor offense,
entitled to a
jury trial?
December 8, 2009 . . . . . . CV 08-0842 . . . . . . .
. . . . . . . . . . . . Home Builders Assoc. v. Goodyear
Did the trial court err when it found that the City was entitled to rely on its
expert when determining
how other fees and taxes would be used in setting development impact fee
assessments?
December 3, 2009 . . . . . . CV 09-0611 . . . . . . .
. . . . . . . . . . . . Katan v. City of Prescott
If a candidate in a municipal primary election who qualifies to be on the
general election ballot
withdraws his candidacy, should the next highest vote getter be placed on the
general election
ballot in his place?
November 27, 2009 . . . . . CV 08-0374 . . . . . . . .
. . . . . . . . . . . Buencamino v. Noftsinger
In a custody dispute in which both parents seek sole custody, one parent lives
in Arizona
with the child, and the other parent has moved to Maryland, in the absence of a
written
agreement or court order granting custody or parenting time to both parents, do
the
relocation provisions of Arizona Revised Statutes section 25-408 apply?
November 17, 2009 . . . . . CV 08-0392 . . . . . . . .
. . . . . . . . . . . Gersten v. Gersten
1. Did a judge who did not preside over a trial but ultimately ruled on
the issues
presented fail to comply with Arizona Rule of Family Law Procedure 88 by
(1) failing to certify familiarity with the entire court record, (2) failing to
permit the
parties an opportunity to ask for witnesses to be recalled to testify, and (3)
relying
on an inadequate digital recording of the trial procedures before the original
judge?
2. Did the family court err by allocating a portion of Husband's firearms
collection
to Wife as he purchased the firearms with Federal Employees' Compensation Act
funds?
3. Did the family court err by denying Husband's request for support for
the
parties' adult disabled son only because Husband did not serve as the son's
guardian?
November 3, 2009 . . . . . . CV 07-0255 . . . . . . . . . .
. . . . . . . . .Tripati v. Forwith
1. Does Arizona Rule of Civil Appellate Procedure 9(b) require a signed
order or
judgment embodying the denial of a Rule 59 motion for new trial, in order to
start
the time running for appeal?
2. If a party files a Rule 59 motion for new trial to challenge the denial
of Rule 60(c)
relief, does the Rule 59 motion for new trial constitute a "time extending"
motion
under Arizona Rule of Civil Appellate Procedure 9?
3. Did the trial court err in denying Tripati relief under Rule 60(c) or
in denying
Tripati's Rule 59 motion for new trial?
November 3, 2009 . . . . . . CV 08-0289 . . . . . . . . . .
. . . . . . . .ICA v. Old Rep./Liberty
1. Whether the statutes in Title 23 authorize the collection on taxes of
the deductible
amount of worker compensation insurance policies?
2. Whether the trial court erred in limiting the attorney's fees to the
statutory rate
of $75 per hour pursuant to Arizona Revised Statutes section 12-348(A)(1)?
October 29, 2009 . . . . . . CV 07-0576/CV 07-0747/CV
08-0052 . . Verma v. Stuhr
1. Is there an upper limit to the size of parcels subject to the
disclosure
requirements of Arizona Revised Statutes section 33-422?
2. Does Arizona Revised Statutes section 33-422 apply to parcels
located only partially within an unincorporated area?
3. Is Arizona Revised Statutes section 33-422 constitutional?
4. Does the right of rescission provided by Arizona Revised Statutes
section 33-422(D) survive closing?
5. Do inaccuracies in a disclosure pursuant to Arizona Revised Statute
33-422 create a continuing right of rescission?
October 29, 2009 . . . . . .CV 08-0713 . . . . . . . . . .
. .Minjares v. State
Does Arizona Revised Statutes section 41-622(F) or Arizona
Revised Statutes section 41-1201(A) apply to a tort judgment against
the State when it files an ultimately unsuccessful appeal, which will be
paid out of the risk management revolving fund?
October 27, 2009 . . . .CV 07-0342 . . . . . .
. . . . . .Hurd v. Hurd
1. Is a family court required to make all the statutory best-interest
findings in
Arizona Revised Statutes 25-403.A when there is a finding of significant
domestic
violence or a history of significant domestic violence?
2. Did the trial court abuse its discretion by failing to make specific
findings
regarding the applicable statutory relocation factors and the reasons why its
decision is in the children's best interests?
October 27, 2009 . . . .CV 08-0848 . . . . . . . .
Rogers v. Hon. Cota/Phx Prosecutor Off.
1. In determining whether the municipal court has jurisdiction, is it
appropriate to
add together the maximum fine, surcharges, incarceration costs, and assessments
to determine if they exceed $2,500?
2. Is a jury required to find that an extreme DUI defendant's BAC exceeded
.20 when such a finding is relevant for sentencing purposes but is not an
element
of the underlying crime?
October 22, 2009 . . . .CV 08-0545 . . . . . . . . . .
. .Coplan v. Ariz. St. Bd. of Appraisal
Did the superior court apply an improper standard of review when it found that
an administrative agency sanction appealed pursuant to Arizona Revised Statutes
section 13-901 et seq. was excessive because it was "so disproportionate to
the offense as to shock one's sense of fairness"?
October 20, 2009 . . . .CV 08-0276 . . . . . . . . . .
. .Mousa v. Saba
Parties contract for the performance of services, some of which are real estate
services that one may not perform in Arizona without a license. If the
contract
is not divisible, may one sue to recover in unjust enrichment for performing
other services under the contract, even though the contract is not divisible?
October 8, 2009 . . . . .CV 07-0453 . . . . . . . . .
. . .A Tumbling-T Ranches v. Maricopa
1. Does Arizona recognize a claim for inverse eminent domain based on the threat
of future flooding?
2. Did the trial court err in denying the farmers' motion for JMOL on
their inverse
eminent domain claim?
3. Did the farmers prove a prima facie negligence claim?
4. Were the farmers entitled to damages based on the reduced value of
their land
as a result of the threat of future flooding?
5. Did the trial court err by failing to require the farmers to prove
individualized
damages?
6. Was the district entitled to sovereign immunity under Arizona Revised
Statutes
sections 12-820.01 (absolute immunity) and 26-314 (emergency management
immunity?
7. Was the district entitled to an assumption of the risk jury
instruction?
8. Was the district entitled to assert that the U.S. Corps of Engineers
was a non-party
at fault?
9. Did the trial court err in precluding the district from asserting its
defense at trial that
certain farmers were not entitled to damages because they had previously sold
flowage
easements to the Corps of Engineers?
10. Did the trial court err in precluding the district from defending on the
basis that
the farmers' alleged illegal floodplain activities barred their claim for the
farmers' direct
damages?
11. Was the district wrongfully denied the opportunity to present evidence and
instruct
the damages jury on whether the State of Arizona actually owned the farmers'
lands
under the equal footing doctrine?
September 1, 2009 . . .CV 08-0422 . . . . . . . . . .
. .Gaveck v. Arizona
1. Has the central holding of Croft that a professional licensing
board is
allowed to establish the standard of care by utilizing its own expertise been
overruled by the court's subsequent holding in Webb?
2. With respect to the board's general allegation that the physician's
post-
operative management of the patient was improper, was the physician, prior
to the election to proceed with an informal interview in lieu of a formal
hearing,
entitled to receive notice of the specific standard of care being applied and a
detailed statement of how and when the board believed the standard was
breached?
3. With respect to the board's allegation that the doctor had breached the
standard of care by proceeding with a second surgical procedure without
obtaining a second informed written consent from the patient, was the board's
pre-interview notice that it was relying upon Arizona Revised Statutes
section 32-854.01(9) as the applicable standard of care sufficient to satisfy
the notice required under due process principles?
4. Where the licensing board has not called or relied upon any independent
expert consultant to support its allegations, is the board obligated to accept
and adopt the testimony of the physician and his retained expert as
conclusively establishing the applicable standard of care and the doctor's
compliance with same?
5. In an informal interview setting, where the licensing board is relying
upon
its own expertise to establish the standard of care and adjudicate the
allegations
of unprofessional conduct, is the licensee entitled to call any of the board
members for cross-examination?
August 27, 2009 . . . . .CV 07-0852 . . . . . . . . . .
. .Qwest Corp. v. Chandler
Does a pre-statehood statutory franchise given to a utility's predecessors
exempt
the utility from the common-law obligation to pay for relocating its property on
a city right-of-way when the city requires such relocation for a public purpose?
August 27, 2009 . . . . .CV 08-0366 . . . . . . . . . .
. .State v. Johnston
Does "shall promptly enforce" as set forth in Arizona Revised Statutes section
32-1138 (2008) bar the Registrar's Recovery Fund subrogation against a
non-compliant contractor two and one-half years after it made payment to an
injured party?
August 25, 2009 . . . . .CV 08-0097 . . . . . . . . . .
. .Lips v. Scottsdale Healthcare
1. Did appellant have a cause of action for intentional and/or negligent
spoliation
of evidence?
2. Did appellant have a cause of action for negligence or prima facie tort
against
appellee for destruction of evidence?
August 25, 2009 . . . . .CV 08-0186 . . . . .
. . . . . . .Advanced Cardiac v. Tri-City
1. Are reports to the Board subject to an absolute or qualified privilege?
2. Who bears the burden of producing evidence concerning the privilege in
the summary judgment context?
August 25, 2009 . . . . .CV 08-0281 . . . . . . . . . .
. .Seidman v. Seidman
May a superior court enter dispositive sanctions against a party who fails after
submitting medical justification to appear for her deposition without first
holding an evidentiary hearing and considering the availability of lesser
sanctions?
August 4, 2009 . . . . . .CV 08-0534 . . . . . . . . . .
. .Vicari v. Lake Havasu
Can a trial court award attorney's fees to a defendant after a plaintiff
has properly filed a Rule 41(A)(1) voluntary dismissal order?
July 28, 2009 . . . . . . .CV 07-0800 . . . . . . . . .
. . . Reid v. Reid
1. Did the trial court abuse its discretion in allowing an untimely
disclosed expert to testify concerning a court-ordered custody
evaluation?
2. Did the trial court abuse its discretion in failing to make the
findings required by Arizona Revised Statutes section 25-403(B)
as to why its custody decision was in the best interests of the
children?
3. By failing to raise the lack of findings in the trial court, is this
issue waived on appeal?
July 28, 2009 . . . . . . .CV 08-0556 . . . . . . . . .
. . . Parra v. Continental Tire
1. On the facts presented, would a Mexican court state court present
an adequate and available alternative forum for a United States
resident's lawsuit against a United States tire company over an auto
accident that occurred in Mexico?
2. On the facts presented, as a matter of law, did the appropriate
private and public interest factors outweigh the deference properly given
to the United States resident's choice of a United States forum?
July 28, 2009 . . . . . . .CV 08-0646 . . . . . . .
. . . . . Maleki v. Desert Palms
May a tenant whose right to renew a lease is conditioned on his being
"in compliance" with the lease renew even if he has committed an
immaterial breach?
July 23, 2009 . . . . . . .CV 07-0342 . . . . . . . . .
. . . Hurd v. Hurd
1. Is a family court required to make all the statutory best interest
findings in Arizona Revised Statutes section 25-403.A when there is a
finding of significant domestic violence or a history of significant domestic
violence?
2. Did the trial court abuse its discretion by failing to make specific
findings regarding the applicable statutory relocation factors and the
reasons why its decision is in the children's best interests?
July 21, 2009 . . . . . . .CV 06-0575 . . . . . . . . .
. . . Chavez v. Brewer
1. Does the political question component of the separation of powers
doctrine bar judicial review of the question whether the secretary of state
abused her discretion in certifying certain voting systems for use in
Arizona elections?
2. Does Arizona's statutory scheme governing electronic voting equipment
implicitly permit a private right of action to enforce its requirements?
3. Did the complaint state a cognizable cause of action under Article 7,
Section 12 of the Arizona Constitution (Purity of Elections)?
4. Does the complaint state causes of action for which relief could be
granted based on Article 2, Sections 21 (Free and Equal Elections) and
13 (Privileges or Immunities) of the Arizona Constitution?
July 21, 2009 . . . . . . .CV 08-0572 . . . . . . . . .
. . . Santa Maria v. Najera
Does the court of appeals have jurisdiction over an appeal from the denial
of a motion for new trial filed after entry of a non-final partial summary
judgment?
July 16, 2009 . . . . . . .CV 08-0231 . . . . . . . . .
. . . State v. Copperstate/Crow
Did the trial court abuse its discretion in finding that Crow, as the indemnitor,
did not have standing to contest the bond forfeiture?
July 15, 2009 . . . . . . .CV 07-0900 . . . . .
. . . . . . . Keystone v. AROC
Does this appeal by a contractor from administrative disciplinary action
taken by the Registrar of Contractors constitute an "action arising out
of contract" for purposes of awarding attorneys' fees under Arizona
Revised Statutes section 12-341.01(A)?
July 14, 2009 . . . . . . .CV 08-0283 . . . . . . . . .
. . . Cannon v. Hirsch
Is conduct in a nonadversarial bankruptcy proceeding "litigation" such
that the "course of litigation" exception to the statute of limitation applies?
July 7, 2009 . . . . . . . .CV 07-0903 . . . . . . . .
. . . . Mendoza v. McDonald's
1. Does the Arizona Workers' Compensation Act bar an employee's claim
for damages for pain and suffering, lost earnings, and medical expenses
attributable to the employer's alleged breach of the covenant of good faith
and fair dealing in administering the employee's workers' compensation
claim?
2. Does an employer impliedly waive the attorney-client privilege with
respect to portions of its adjusters' claim file when it takes the position that
its administration of the employee's workers' compensation claim was both
objectively and subjectively reasonable and presents evidence its claim-handling
decisions were based on information and advice given to it by its lawyers?
3. Are factual findings made by administrative law judges in workers'
compensation proceedings entitled to preclusive effect in a bad faith lawsuit
filed by an employee against her self-insured workers' compensation employer?
July 7, 2009 . . . . . . . .CV 08-0436 . . . . . . . .
. . . . Tarron v. Bowerr
Is a contractual provision assigning the control of an employee to a general
employer, rather than a special employer, dispositive as to which employer
has the "right to control"?
June 25, 2009 . . . . . . CV 08-0356 . . . . . . . . .
. . . East v. Matthews
Does Section 8 of the Arizona Child Support Guidelines, which permits
a court to increase the amount of child support if the parties' combined
adjusted gross income exceeds $20,000 per month after taking into
account factors including "the standard of living the children would have
enjoyed if the parents and children were living together," apply in paternity
actions in which the parents never lived together?
June 23, 2009 . . . . . . CV 08-0539 . . . . . . . . .
. . . Paczosa v. Cartwright
1. Under the benefits program in place here, could the District Governing
Board prospectively modify the program from year to year?
2. Did the retirement benefits program create a separate three-year
contract?
3. Did the Board fail to "non-renew" contracts pursuant to Arizona
Revised Statutes section 15-503(D)?
4. Did the Board terminate plaintiffs' employment?
5. Were plaintiffs entitled to be offered contracts as tenured teachers?
June 18, 2009 . . . . . . CV 08-0077 . . . . . . . .
. . . . Johnson v. State
1. Can warning signs be considered subsequent remedial measures
under Arizona Rule of Evidence 407 if not placed in response to the
accident at issue?
2. Does the "other purposes" exception under Rule 407 apply to
permit the admission of subsequent remedial measures to rebut an
assertion of comparative fault?
June 18, 2009 . . . . . . CV 08-0367 . . . . . . . . .
. . . Castro v. Ballesteros-Suarez
Can a spouse who has been found civilly responsible for the felonious
and intentional death of her husband under the slayer statute still
collect her community portion of the insurance proceeds?
June 11, 2009 . . . . . . .CV 06-0434 . . . . . . . . .
. . . Aida v. Maricopa
1. Can tax discrimination occur in the initial tax valuation?
2. Does the statutory limit of $30,000 in attorney's fees under Arizona
Revised Statute section 12-348(E)(5) apply to each "judicial level of
appeal?"
June 4, 2009 . . . . . . . .CV 08-0387 . . . . . . . .
. . . . King v. Titsworth
When a pro per party subsequently retains counsel and seeks attorneys'
fees from the opposing party, must the party comply with Arizona Rule
of Civil Procedure 54(g)(1) and specifically request attorneys' fees in
a pleading in order to receive them?
June 2, 2009 . . . . . . . .CV 08-0274 . . . . . . . . .
. . . Batty v. Glendale
Is service upon a school district superintendent sufficient to affect service
of process on the school district?
May 28, 2009 . . . . . . .CV 08-0481 . . . . . . . . . .
. . Douglas v. Governing Board
May the persons who represent a putative class appeal a denial of class
certification after accepting an unapportioned offer of judgment pursuant
to Arizona Rule of Civil Procedure 68?
May 21, 2009 . . . . . . .CV 08-0050 . . . . . . . . . .
. . Kline v. Kline
Is an award of spousal maintenance by default valid under Arizona Rule
of Family Law Procedure 44(G) when the specific demand for
maintenance was first contained in an amended pleading that was never
served?
May 12, 2009 . . . . . . .CV 08-0027 . . . . . . . . . .
. . Howell v. Hodap/Johnson
What is the standard to apply to determine whether a state court action is
barred by an earlier federal judgment?
May 12, 2009. . . . . . . .CV 07-0698 . . . . .
. . . . . . . Quintero v. Rodgers
1. Does Arizona's survival statute preclude an award for loss of enjoyment
of life
or punitive damages?
2. Do the facts of this case support allowing a punitive damage claim?
May 5, 2009 . . . . . . . . CV 08-0094 . . . . . . . . .
. . . . New Sun v. Yuma County
1. Was the county zoning inspector properly appointed and holding office
in 2007, even though the city ordinance stating that the county planning
director shall be the county zoning inspector was repealed in 2006?
2. Does Arizona Revised Statutes section 11-808(A) require the Yuma
County Board of Supervisors to appoint deputy zoning inspectors?
3. Were the pertinent actions of the deputy zoning inspector involved
in this matter valid, even though he was not appointed by the Board of
Supervisors, because he was acting as a de facto deputy zoning
inspector?
April 30, 3009 . . . . . . . CV 07-0587 . . . . . . . . .
. . . Engel v. Landman
1. Does this court have jurisdiction over a cross-appeal filed while a
motion for new trial is pending?
2. Can a trial court properly attribute income and child care expenses
to a voluntarily-unemployed parent when the effect is to increase the
child support obligation borne by the employed parent?
3. Can a trial court properly value stock unexercised options for income
calculation purposes by aggregating the market value increases for all
such options held by a parent?
April 30, 2009 . . . . . . . . CV 08-0331 . . . . . . . . .
. . . Sage v. Blagg
May an appraiser retained to appraise a residential property in
connection with a purchase-money mortgage be liable to the prospective
buyer for failure to exercise reasonable care in performing the appraisal?
April 30, 2009 . . . . . . . . CV 09-0167 . . . . . Ariz. Assoc.
of Providers for
Persons with Disabilities v. State of Arizona
1. In applying the preliminary injunction standard requiring "the presence
of serious questions and [that] the balance of hardships tips sharply in
favor of the moving party," may an injunction be granted if the balance
of hardships tips sharply but the questions presented are merely grave?
2. Does Plaintiffs' failure to exhaust their administrative remedies bar
their complaint to enjoin decisions by the Arizona Department of
Economic Security ("DES"), driven by the state budget crisis, to suspend
certain services to the developmentally disabled?
3. Does the court of appeals have jurisdiction to review the decision
by the legislature in early 2009 to reduce the DES budget due to the
financial crisis that faced state government?
4. Under state law, developmentally disabled individuals are entitled
to an "Individual Support Plan" that sets out services they are to
receive, including services funded entirely by the state. Does state law
guarantee to those individuals that they will receive those state-funded
services regardless of budget constraints?
5. Did the legislature violate Article III of the Arizona Constitution by
"delegating" to DES the responsibility for making specific program cuts
in light of the budget crisis that faced the State in early 2009?
6. Is the State required by federal Medicaid law to provide certain
services to qualified developmentally disabled persons?
7. Did Plaintiffs offer substantial evidence to support their contention
that they raised serious questions concerning whether the DES program
cuts will impair delivery to the developmentally disabled of services
required by federal Medicaid law?
April 21, 2009 . . . . . . . . CV 08-0099 . . . . . . . . .
. . . Ritchie v. Krasner
Even absent a formal doctor-patient relationship, does a doctor
conducting an Independent Medical Examination owe a duty of
reasonable care to the patient?
April 21, 2009 . . . . . . . . CV 08-0218 . . . . . . . . .
. . . State v. Word
Can the Industrial Commission wait until the end of a workers'
compensation claim, after all benefits have been paid, before
recording a "final award" with the superior court and attempting to
enforce that award as a judgment against the uninsured employer?
April 16, 2009 . . . . . . . . CV 07-0745/CV 07-0891 . .
Dowling v. Stapley
1. Does the court have jurisdiction of Dowling's appeal from an order
appointing receivers for the school district when Dowling accepted the
benefits of that order and effectively abandoned her motion to amend
that order without filing a notice of appeal until months after the court
had noted it would not rule on the motion to amend?
2. Did the superior court err in granting an order striking motions
filed by Dowling after she had recused herself from the School District
Managing Board and was replaced by a receivership board and after
all counterclaims against her were dismissed?
3. Did the superior court err in denying Dowling's motion to intervene
as a party so she could contest the proposed settlement between the
County and the receivership board closing the schools?
4. On Dowling's appeal, should this Court review the settlement
between the County and the receivership board closing the schools
when Dowling was no longer a party, the court did not err in denying
her motion to intervene, she does not contend the school district failed
to consent to the settlement, she did not seek to vacate the judgment
approving the settlement, and she is not substantially and directly
adversely affected by the judgment?
April 7, 2009 . . . . . . . . . . . .CV 08-0156 . . .
. . . . .Bailey-Null v. ValueOptions
Must a plaintiff exhaust administrative remedies before asserting common
law tort, medical malpractice and APSA claims against a Regional
Behavioral Health Authority like ValueOptions?
March 31, 2009 . . . . . . . . . .CV 07-0399 . . . .
. . . .DeVries v. State
1. Is Arizona Revised Statutes section 12-820.02(A)(7), which provides
a qualified immunity to the State in actions brought by intoxicated drivers
unconstitutional?
2. Did the trial court err in instructing the jury that they must find the
facts
that determine whether the qualified immunity exists?
March 31, 2009 . . . . . . . . . . CV 07-0530 . . . .
. . . .Brethauer v. GM
1. Did the trial court err in denying plaintiff's motions for mistrial or
other
relief because the defendant car manufacturer engaged in misconduct by
allegedly violating court orders during its opening statement and during its
cross-examination of plaintiff regarding seatbelt usage?
2. Did the trial court err by precluding evidence of prior recalls of the
manufacturer's seatbelt systems?
3. Did the trial court err by precluding evidence of additional collision
tests performed by the manufacturer?
4. Did the trial court err by failing to instruct the jury on the consumer
expectation test for strict liability design defect?
March 26, 2009 . . . . . . . . . . .CV 07-0914 . . . .
. . . .Maximov v. Maximov
Did the family court err by modifying temporary family support to an effective
date that was prior to the date a party filed a petition to modify support?
March 26, 2009 . . . . . . . . . . .CV 08-0028 . . . .
. . . .Matter of Jury Sel. Process
May the superior court create a separate "action" based on consolidated issues
drawn from unconsolidated cases?
March 26, 2009 . . . . . . . . . . .CV 08-0225 EL
. . . . .Jones v. Paniagua
1. Does Chapter XVI, Section 3 of the Phoenix City Charter conflict with
Arizona Revised Statutes section 19-142(A)?
2. Is a special action to require the city clerk to process referendum
petitions
a mandamus-type action under Arizona Revised Statutes section 12-2030?
March 24, 2009 . . . . . . . . . . .CV 07-0743
. . . . . . . .Flagstaff v. Design
Is a lawsuit brought by a property owner against an architect, alleging
professional design negligence and seeking purely economic damages,
barred by the economic loss doctrine?
March 17, 2009 . . . . . . . . . . .CV 07-0471 .
. . . . . . .Thomas v. Thomas
In a post-decree dissolution proceeding, does the superior court have
jurisdiction to consider a legal dispute regarding community property
intentionally omitted from the dissolution decree by both parties?
March 17, 2009 . . . . . . . . . . .CV 07-0499 . . . .
. . . .Poulson v. Ofack
In an appeal from an arbitration award, if the appealing party does not
better its position by the percentage set forth in Arizona Revised Statutes
section 12-133(I) and Arizona Rule of Civil Procedure 77(f), does the
superior court have discretion to deny a timely request for attorneys'
fees and costs made by the other party?
March 12, 2009 . . . . . . . . . . .CV 07-0424
. . . . . . . .Green v. Garriott/Gomez
Does Arizona Revised Statutes section 43-1183 unconstitutionally
violate (1) the Establishment Clause of the United States Constitution;
(2) Article 2, Section 12 of the Arizona Constitution; (3) Article 9,
Section 10 of the Arizona Constitution; or (4) Sections 20 and 26
of the Arizona Enabling Act?
March 10, 2009 . . . . . . . . . . .CV 08-0143 . . . .
. . . .Pipher v. Loo
Did the trial court err in barring certain evidence from being heard by
the jury when doing so eliminated the plaintiff's causation evidence?
March 5, 2009 . . . . . . . . . . . .CV 08-0112 . . .
. . . . .Vig v. NIX
1. What are the requirements for proper service of an affidavit of
disclosure?
2. Must an affidavit of disclosure include an explanation of title
defects?
3. Does assignment of a buyer's interest in a contract for the sale of
land
trigger new disclosure obligations?
March 3, 2009 . . . . . . . . . . . .CV 07-0756 . . .
. . . . .City of Phoenix v. Johnson
Is the right to payment for condemned properties under Arizona Revised Statutes
section 12-1127(B) subject to the automatic stay provision of Arizona Rule of
Civil Procedure 62(g)?
March 3, 2009 . . . . . . . . . . . .CV 07-0794 . . .
. . . . .Hart v. Hart
Are written findings, or findings stated on the record, required under Arizona
Revised Statutes sections 25-410(B) (dealing with parenting time issues)
and/or -411(D) (addressing the restriction of a parent's parenting time rights)?
March 3, 2009 . . . . . . . . . . . .CV 08-0001 . . .
. . . . .Scottsdale v. Cendejas
Pursuant to Rule 26(B)(5) was this notice of non-party at fault inadequate
because it did not provide facts supporting the claimed liability?
March 3, 2009 . . . . . . . . . . . .CV 08-0104 . . .
. . . . .Langerman Law Off. v. Glen Eagles
Does a plaintiff's attorney have a charging lien on a verdict for the plaintiff
if
the amount the defendant is awarded in Rule 68(g) sanctions exceeds the award
to plaintiff?
February 26, 2009 . . . . . . . . .CV 07-0271 . . . .
. . . .Koepnick v. Arizona
1. May the commissioner of the state land department apply the commercial
classification to state trust land that, after it has been developed, will be
used
for mostly residential purposes?
2. Does the commissioner breach the duties and obligations he owes to a
state
trust land lessee by reclassifying the leased land and thus terminating the
lease by
operation of law if the commissioner does so without an immediate successor
for the land?
February 10, 2009 . . . . . . . . .CV 08-0056 . . . .
. . . .Monterey v. Federated
When an insurer defends its insured under a reservation of rights and the
insured
enters into a no-liability settlement with the plaintiff, may the insurer
intervene in
the action to attempt to recover its defense costs from the plaintiff pursuant
to its
right to subrogation under the policy?
February 3, 2009 . . . . . . . . . .CV 07-0817 . . . .
. . . .Sharpe v. AHCCCS
Does AHCCCS's policy that dentures will only be provided when there is a
medical need other than and in addition to the inability to chew violate the
statute, Arizona Revised Statutes section 36-2907(A)(6), that requires coverage
for dentures when medically necessary?
January 29, 2009 . . . . . . . . . .CV 07-0777 . . . .
. . . .Tilley v. Delci
Whether a trial court must consider less drastic alternatives to summary
judgment
or determine whether the lawyer or client was at fault in failing to adequately
oppose
a motion for summary judgment.
January 29, 2009 . . . . . . . . . .CV 07-0787 . . . .
. . . .Bilke v. State
Are the plaintiffs/inmates -- who successfully sued the Department of
Corrections
for deficient wages because the Director did not comply with obligations under
Arizona
Revised Statutes sections 31-254(A) and 41-1623(E) -- entitled to an award of
attorneys' fees under Arizona Revised Statutes section 12-2030?
January 29, 2009 . . . . . . . . . .CV 07-0820 . . . .
. . . .Pride v. Pratt
Is the application of pesticides from an airplane still an inherently dangerous
activity in light of advances in technology and expertise?
January 27, 2009 . . . . . . . . . .CV 06-0556 . . . .
. . . .Bogard v. Cannon & Wendt
1. Whether the trial court erred in allowing plaintiff to introduce
evidence and
argument regarding emotional distress and unmitigated damages.
2. Whether the trial court erred in denying defendant's motions to
continue trial
following the denial of defendant's motion in limine.
3. Whether the trial court erred in failing to follow this court's mandate
concerning
the EEOC's reasonable cause determinations and granting an improper horizontal
appeal.
4. Whether the trial court erred in awarding plaintiff attorneys' fees.
January 13, 2009 . . . . . . . . . .CV 07-0366 . . . .
. . . .Hudgins v. Southwest Airlines
1. Did the trial court commit reversible error by making various
evidentiary rulings?
2. Did the trial court commit reversible error by instructing the jury
that a party's
act of concealment is relevant to an evaluation of a punitive damages claim?
3. Does the evidence support a conclusion that the acts underlying the
punitive
damages award proximately caused harm to plaintiffs, thereby entitling them to
such an award?
4. Is the punitive damages award unconstitutionally excessive?
January 13, 2009 . . . . . . . . . .CV 07-0415 . . . .
. . . .Lake v. City of Phoenix
1. Is metadata (information describing the history and characteristics of
an
electronic document) a public record under Arizona law?
2. Are police reports stored in a municipality's records management system
that is linked to restricted databases of state and national criminal justice
agencies subject to disclosure as public records?
January 8, 2009 . . . . . . . . . . .CV 07-0558 . . .
. . . . .Barnett v. Jedynak
How is the community's interest in a home purchased prior to marriage
calculated?
December 26, 2008 . . . . . . . .CV 07-0517 . . . . .
. . .Britt v. Steffen
Has the holding in Mark Lighting Fixture Co. v. General Electric Supply Co.
that a judgment dismissing a complaint for lack of prosecution deprives the
trial court of jurisdiction to rule on a subsequent application for attorneys'
fees
been superseded by amendments to Arizona Rules of Civil Procedure 54(b) and (g)?
December 23, 2008 . . . . . . . .CV 07-0501 . . . . .
. . .Midtown v. State Farm
May an "outpatient treatment center" as described in Arizona Revised Statutes
Section
36-405(B)(1) and Arizona Administrative Code R9-10-101(39), which employs
physicians and chiropractors, be owned by persons who are not licensed
physicians
or chiropractors?
December 23, 2008 . . . . . . . .CV 07-0887 . . . . .
. . .Harper v. Canyon Land Development
Is a motion to set aside an entry of default and a default judgment based on
excusable
neglect timely when filed within six months of the entry of judgment but not
within
six months of the entry of default?
December 23, 2008 . . . . . . . .CV 07-0893 . . . . .
. . .Zilles v. American Legion/Shriners
Does a lapsed gift of residuary trust assets pass to the trustors' heirs
according to
the law of intestacy or to the other residual beneficiaries identified in the
trust?
December 23, 2008 . . . . . . . .CV 08-0310 . . . . .
. . .Turken v. Gordon
Do city payments to the developer of a shopping center violate the Gift Clause
of
the Arizona Constitution?
December 18, 2008 . . . . . . . .CV 07-0649 . . . .
. . . .Messina v. Midway Chevrolet
Whether an individual who contracts to purchase a new vehicle and takes
possession
of the vehicle is a "customer" of the dealership's, within the meaning of a
Garage Liability
Policy, when he neither obtains financing nor provides payment for the vehicle.
December 4, 2008 . . . . . . . . .CV 07-0652 . . . . . . . .Buccellato v. Morgan
Are petitioner adult entertainment workers entitled to jury trials under
Fushek v. State,
218 Ariz. 285, 193 P.3d 536 (2008)?
November 28, 2008 . . . . . . . .CV 07-0454 . . . . .
. . .Havasupai Tribe v. Ariz. Bd. of Regents
1. Does the "facts supporting" requirement in Arizona Revised Statutes
section 12-821.01
mean that a notice of claim must include all facts known to the claimant about
the alleged
wrongdoing or about the damages allegedly sustained?
2. Does the "facts supporting" requirement in Arizona Revised Statutes
section 12-821.01
mean that a notice of claim must contain sufficient facts to prove the
claimant's settlement
demand?
3. A notice of claim filed against a public entity and public employees by
the Havasupai
Tribe sought $50 million in connection with the alleged improper and unconsented-to
use of
tribe members' blood samples. The claim contained detailed facts
pertaining to the
wrongdoing and alleged generally that the wrongdoing invaded the personal,
cultural and
religious privacy of members of the tribe. Pursuant to Arizona Revised
Statutes section
12-821.01, was the notice of claim invalid for failing to describe tribal
members' injuries
more specifically?
4. A notice of claim filed against a public entity and public employees by
individual members
of the Havasupai Tribe in connection with the alleged improper and unconsented-to
use
of tribe members' blood samples asserted that members suffered emotional trauma
that
manifested, inter alia, in fear of seeking medical treatment, fear of
providing blood samples,
and worry about violation of their religious beliefs. The notice of claim
sought $45,000 in
settlement for each of the identified claimants. Pursuant to Arizona
Revised Statutes section
12-821.01, is the notice of claim invalid because it failed to specify which of
the identified
claimants experienced which of the various stated manifestations?
5. Pursuant to Arizona Revised Statutes section 12-821.01, must a notice
of claim that
alleges undifferentiated wrongdoing by more than one public entity and/or
employee state
specific amounts the claimant would accept in settlement from each individual
alleged
wrongdoer?
November 28, 2008 . . . . . . . .CV 07-0760 . . . . .
. . .A Tumbling T v. FCD
May a Damron/Morris agreement be entered into based on an indemnity and
hold
harmless agreement contained within a property easement as contrasted with an
insurance contract?
November 25, 2008 . . . . . . . .CV 08-0519 EL . . . .
. Sklar v. Fountain Hills
Does Arizona Revised Statutes section 19-101(A) allow a referendum petition to
subjectively describe the anticipated effects of the enacted legislative act
rather than
identify the principal provisions of the legislation?
November 13, 2008 . . . . . . . .CV 07-0590 . . . . .
. . . MT Builders v. Fisher Roofing
1. Under contractual indemnity language that restricts indemnity "to the
extent" caused
by the indemnitor's negligence, is the indemnitor's obligation to cover the
indemnitee's
losses and expenses limited to only those losses and expenses caused by the
indemnitor's
fault?
2. Does an indemnitor's promise to indemnify and hold the indemnitee
harmless
obligate the indemnitor to actually defend the indemnitee against claims
asserted against
it when the indemnity provision also restricts indemnity "to the extent caused
in whole or
in part by any negligent act or omission of" the indemnitor?
3. When an indemnitee settles a lawsuit with a third party covered by an
indemnity
agreement, may it obtain indemnity from its indemnitor if it gives the
indemnitor notice
of the action and an opportunity to defend and demonstrates the decision to
settle was,
under the circumstances, reasonable and prudent?
November 10, 2008 . . . . . . . CV 07-0435 . .
. . . . . . SW Sand & Gravel v. Central
Did the trial court err in granting summary judgment to appellee water user
where
the movement and storage of water by appellee allegedly damaged appellant's
real property?
October 21, 2008 . . . . . . . . . CV 06-0371 . . . .
. . . . Chalpin v. Snyder
1. Did the trial court err by granting summary judgment to a lawyer who
was
the defendant in a malicious prosecution action and what is the correct standard
for determining probable cause in such an action?
2. Did the trial court err in dismissing an aiding and abetting claim
against a
lawyer based on a general policy of limiting actions against attorneys to
malicious
prosecution and abuse of process?
September 30, 2008 . . . . . . . CV 08-0151A . . . .
. . . Prince v. State
The Smoke-Free Arizona Act, Arizona Revised Statutes section 36-601.01, bans
smoking in all public places and places of employment in Arizona, with only
seven
exceptions. One exception is for "retail tobacco stores." Does a
business that
satisfies the definition of a "retail tobacco store" under section 36-601.01
qualify for
the exception to the smoking ban even though it also holds a liquor license and
sells
alcohol for consumption on its premises?
September 9, 2008 . . . . . . . . CV 07-0678 . . . . .
. . . Tostado v. City of Lake Havasu
Did the city in these circumstances reach a decision entitling it to either
legislative
function immunity or administrative function immunity pursuant to Arizona
Revised
Statutes section 12-820.01?
August 26, 2008 . . . . . . . . . . CV 07-0496 . . . .
. . . . White v. State of Arizona
Does the firefighter's rule apply to police officers?
August 26, 2008 . . . . . . . . . . CV 07-0012 . . . .
. . . . Wyttenbach v. Wyttenbach
1. Does In re Estate of Winn, 214 Ariz. 149, 150 P.3d 236 (2007),
apply to
financial exploitation cases?
2. Did the trial court err in not allowing B.W. to amend the complaint as
a party
plaintiff?
August 12, 2008 . . . . . . . . . . CV 07-0550 . . . .
. . . . Arab Monetary Fund v. Hashim
Can a creditor hold the marital community liable for a claim that was the
premarital
responsibility of one spouse even if most of the litigation occurred after the
marriage?
August 5, 2008 . . . . . . . . . . . CV 07-0513 . . .
. . . . . Yollin v. Glendale
1. Did a notice of claim comply
with the notice of claim statute, ARS §
12-821.01(A), when it offered to settle for a certain sum but also noted
that as more information became available that information would allow
the parties to be in a better position to intelligently discuss settlement?
2. Did a notice of claim comply with the notice of claim statute, ARS §
12-821.01(A), when it provided extensive medical records supporting
the actual medical expenses, indicated the claimant’s profession as a
therapist, showed he was undergoing treatment for pain management
and was now disabled and based the claim on out of pocket medical
expenses, lost wages and pain and suffering?
July 29, 2008 . . . . . . . . . . . . .CV 06-0442 . .
. . . . . . Strawberry Water Co. v. Paulsen
1. Can groundwater from a utility's pipes be converted?
2. Did the trial court err in failing to give comparative fault
instruction to apportion
damages between the Paulsens and Karles on the conversion claim?
3. Did the trial court err by tripling the damage award pursuant to
Arizona Revised
Statutes section 40-493 instead of giving the issue to the jury?
July 29, 2008 . . . . . . . . . . . . .CV 07-0272 . .
. . . . . . Security Title v. Pope/First Am.
1. Under the facts stated, did the evidence support the jury's conclusion
that a
corporate defendant aided and abetted a breach of fiduciary duty by a
branch
manager recruited by the corporate defendant from a competitor?
2. Under the facts stated, did the evidence support the jury's award of
punitive
damages against the corporate defendant?
3. Does Arizona Revised Statutes section 12-2506(D) supplant common-law
aiding-and-abetting liability?
July 29, 2008 . . . . . . . . . . . . .CV 07-0792 . .
. . . . . . Santa Fe v. Bartschi
1. Does a lawsuit filed by a homeowners' association to compel a
homeowner's
compliance with deed restrictions regarding property maintenance affect
title to
real property, thereby authorizing the association to record a notice of lis
pendens
against the homeowner's property pursuant to Arizona Revised Statutes section
12-1191(A)?
2. Did the trial court properly award a homeowner all attorneys' fees
incurred
in defending a lawsuit to compel compliance with deed restrictions when the
fee award was grounded on the homeowner's successful counterclaim for
wrongful recordation of a lis pendens pursuant to Arizona Revised Statutes
section 33-420(A)?
July 22, 2008 . . . . . .
. . . . . . .CV 06-0728 . . . . . . . . Hounshell v. White
1. May a County Board of Supervisors at its discretion require a county
officer to
post a bond?
2. Are the premiums on a bond required of a public official by a County
Board
of Supervisors a public expense?
July 17, 2008 . . . . . . . . . . . . .CV
07-0373 . . . . . . . . Newman v. Newman
1. Must a party obtain a prior court order with regard to the property at
issue
before double damages can be awarded under Arizona Revised Statutes section
14-3709(D)?
2. To what extent is a party entitled to a jury trial in probate
proceedings?
July 17, 2008 . . . . . . . . . . . . .CV
07-0640/07-0671 .Backus v. State/Johnson v. State
Arizona Revised Statute section 12-821.01(A) requires the claimant to not only
identify a specific amount for which the claim could be settled, but also
provide
"facts supporting that amount." Does this legislative language imply a
"sufficiency"
standard against which the submitted facts are measured?
July 10, 2008 . . . . . . . . . . . . .CV 07-0529 . .
. . . . . Clark v. Campbell
1. Does a county superior court presiding judge have authority to impose
disciplinary sanctions against a constable of a justice of the peace court
within
that county?
2. In exercising this authority, should a presiding judge give a constable
notice,
an opportunity to be heard and an explanation regarding the reasons why such
action is necessary?
July 8, 2008 . . . . . . . . . . . . . .CV 06-0756 . .
. . . . . Neal v. Brown
May a right-of-way reserved in a federal patent issued pursuant to the Small
Tract Act be enforced by a private person when an adequate roadway
already exists?
July 8, 2008 . . . . . . . . . . . . . .CV
07-0629 . . . . . . . Home Builders v. Kard
Does a non-profit association have standing under Arizona Revised Statutes
section 49-497 to challenge a county agency's interpretation of relevant state
statutes and county rules governing dust-generating operations or activities?
July 3, 2008 . . . . . . . . . . . . . .CV 07-0680 . .
. . . . . Malad v. Miller
Does the rule against perpetuities render void a commercial real estate sales
agreement that fails to include a specific time period for performance if it is
reasonable to conclude that the parties intended performance within a reasonable
time period?
July 1, 2008 . . . . . . . . . . . . . .CV 07-0178 . .
. . . . . State v. Western Union
1. Does Arizona Revised Statute section 13-4302 constrain the superior
court's
jurisdiction to issue pre-forfeiture seizure warrants?
2. Are electronic credits that represent wire-transfer funds and that are
possessed
by a money transmitter considered "property" capable of seizure for forfeiture
by
the government?
3. Under the circumstances presented by the record in this case, did the
superior court have jurisdiction to issue a warrant to seize electronic credits
representing wire-transfer funds originating outside Arizona and intended for
pick
up in Sonora, Mexico?
4. Did the money transmitter in this case possess standing to challenge
the court's
initial probable cause determination to issue the seizure warrant?
5. Did the State sufficiently demonstrate probable cause to support
issuance of
the seizure warrant in this case?
6. Did the seizure warrant violate the Fourth Amendment's particularity
requirement?
7. Was the seizure warrant in this case unconstitutionally prospective?
8. Did the seizure warrant in this case violate the dormant Interstate
Commerce
Clause?
9. Did the seizure warrant in this case violate the dormant foreign
Commerce Clause?
10. Did the State invade the sovereign authority of other states by issuing the
seizure warrant in this case?
June 24, 2008 . . . . . . . . . . . . CV 07-0646 . .
. . . . . Rackmaster v. Maderia
Is the right conferred by A.R.S.
§ 25-214(C) substantive or procedural?
June 24, 2008 . . . . . . . . . . . . CV 07-0156 . .
. . . . . Heatec v. Beckett
Are funds paid to settle a product liability action considered reimbursable
“costs” under the provisions of A.R.S. § 12-684(A)?
June 19, 2008 . . . . . . . . . . . . CV 07-0518 . .
. . Hetherington v. Hetherington
Whether
spousal income includes the contributions of the spouse’s employer to
a retirement plan and for worker’s compensation, retirement long-term
disability,
and health- and life-insurance premiums. Answer: It may, but it depends on the
nature of the benefit.
June 17, 2008 . . . . . . . . . . . . CV
07-0266 . . . . . . . Seisinger v. Siebel
A.R.S. § 12-2604
governs the qualifications necessary for expert witnesses
in medical malpractice actions. Is the statute unconstitutional under the
separation of powers doctrine because it is in direct conflict with Rule 702
of the Arizona Rules of Evidence?
June 17, 2008 . . . . . . . . . . . . CV 06-0792 . .
. . . Penn-America v. Sanchez
1. If a liability insurance company unequivocally defends its
insured for 10 months
before attempting to reserve the right to contest coverage, what factors may be
considered in determining if the insurance company has lost the right to assert
its
coverage defenses?
2. Is the alleged prejudice to the insured measured at the time of
issuance of the
delayed reservation of rights or after the insured has entered into a Morris
Agreement?
June 5, 2008 . . . . . . . . . . . . . CV 07-0562 . .
. . . . . . . Haab v. Maricopa
Does a notice of
claim filed pursuant to A.R.S. § 12-821.01 encompass
different but related events that occur subsequent to the date of the notice?
June 3, 2008 . . . . . . . . . . . . . . CV 07-0275 .
. . . . . . . . Pettit v. Pettit
Does a dissolution
decree that determines child custody and requires husband
to pay child support necessarily resolve the question of husband’s paternity
and, if so, is husband thereby barred by the doctrine of claim preclusion from
relitigating his paternity by filing a second action requesting paternity
testing?
May 22, 2008 . . . . . . . . . CV
07-0399/CV 07-0424 . .DeVries v. State/Green v. Garriott
1. Is the 2006 amendment to A.R.S. § 12-1841(A), which requires service on
the speaker
of the house of representatives and the president of the senate, retroactive
and, therefore,
applicable to lawsuits filed before its effective date?
2. Must parties raising a constitutional challenge on appeal comply with
A.R.S.
§ 12-1841(A) and give notice if they have not already done so in the action?
3. Does A.R.S. § 12-1841(A) require service in non-declaratory judgment
actions?
May 15, 2008 . . . . . . . . . CV 07-0309 . . . . . .
. Queiroz v. Harvey
1. Having committed a material breach of contract that empowers the non-
breaching party to terminate the contract, may the breaching party prevent
termination by curing its breach prior to the non-breaching party’s exercise
of its termination rights?
2. May inequitable acts committed by an agent without the knowledge of
the principal be attributed to the principal so as to bar the principal’s claim
for specific performance?
May 13, 2008 . . . . . . . . . CV 07-0300 . . . . . .
. Rueschenberg v. Rueschenberg
1. When the efforts of the
marital community have resulted in both profits and an increase
in value to a separately held business, does Cockrill v. Cockrill, 124
Ariz. 50, 601
P.2d 1334 (1979) preclude the community from obtaining an interest in both?
2. When the marital community has been paid a fair salary for its efforts,
is it precluded
from obtaining an interest in profits and/or increase in value of a separately
held
business that results from its efforts?
May 6, 2008 . . . . . .
. . . . CV 07-0327 . . . . . . . Watson v. Apache County
Did the county employees' responses to an individual's inquiries regarding
whether
she could build a fence at a certain point on her property constituted
"approval"
of the individual's action with the meaning of A.R.S. § 12-820.02(A)(5) such
that the county is qualifiedly immune from the individual's subsequent
third-party
claim against it?
April 24, 2008 . . . . . . . . . . CV 06-0801 . . .
. . . Mein v. Cook
Did the evidence permit a finding that two drivers who engaged in drag
racing on a public street after an evening of drinking consciously agreed
to commit an intentional tort and acted in concert for the purpose of imposing
joint liability?
April 15, 2008 . . . . . . . . . . CV 06-0410 . . . .
. . Warne v. Higgins
1. May successor
liability be based on the transfer of intangible assets?
2. Was there sufficient evidence of insolvency and preferential transfers
to support the jury's finding of liability under the trust fund doctrine?
3.
Could a corporate officer be personally liable for the transfer of intangible
assets when the record did not establish the value of those assets?
April 10, 2008 . . . . . . . . . . CV 07-0301 . . . .
. . Arizona Minority v. Arizona Independent
In the absence of a constitutional challenge, did the trial court apply the
wrong
standard of review when reviewing the Commission's final legislative map?
April 10, 2008 . . . . . . . . . . CV 07-0526 . . . .
. . Douglass v. State
Does the protected party under a domestic-violence order of protection
qualify as a crime victim pursuant to the Victims' Bill of Rights such that
she cannot be compelled to submit to a court-ordered deposition when the
person against whom the order of protection was issued is charged with
interference with judicial proceedings for violating the order?
April 8, 2008 . . . . . . . . . . . CV 07-0194 . . . .
. . Highland v. Bradbury
Can a subsequent purchaser of commercial property sue for breach of the
implied warranty of workmanship and habitability pursuant to an express
assignment of that warranty by the original owner?
March 27, 2008 . . . . . . . . . CV 06-0503 . . . . .
. Dowling v. Stapley
As between a county board of supervisors and a county school superintendent ,
who has the statutory authority under A.R.S. § 15-1308(B) to offer
educational services to the county’s homeless children through an
accommodation school?
March 25, 2008 . . . . . . . . CV 06-0655 . . . . . .
. Flores v. Cooper Tire
Whether the
process employed by the trial court to determine whether
KNXV-TV violated the court’s confidentiality order violated the due
process rights of Cooper Tire.
March 13, 2008 . . . . . . . . CV 07-0215 . . . . . .
. Pueblo v. Transcontinental
1. In a suit brought by a claimant-assignee
under a Morris agreement, may an insurer
be estopped from asserting coverage defenses because of its failure to promptly
communicate a reservation of rights to its insured?
2. When is a judgment stipulated pursuant to a Morris agreement
liquidated, for
purposes of prejudgment interest?
March 13, 2008 . . . . . . . . CV 07-0167 . .
. . . . . . Arizona Water v. Arizona CC
Does Arizona
recognize the first-in-the-field doctrine, which entitles a utility able,
willing,
and holding a certificate of convenience and necessity to extend its service to
new
customers who reside in the field of the utility’s existing service area?
March 11, 2008 . . . . . . . . . CV 06-0684 . . . . .
. . . Mining v. Roberts
Does the failure to fund an escrow on the closing date constitute a material
breach of contract?
Did the trial court err in awarding Buyer’s the Seller’s earnest money as
liquidated damages?
Did the
trial court err in finding that the lis pendens was properly recorded?
March 6, 2008 . . . . . . . . .CV 07-0304 . . . . . .
. . . . . . Scottsdale v. CGP
1.
Is the date of the summons in a direct condemnation action pursuant to Arizona
Revised Statutes Section 12-1123(A) always the date of the taking for purposes
of providing just compensation for condemned property?
2.
When the landowner can establish that the value of the subject property
increased
between the date of the summons and the date the property is taken by the
government, is the landowner entitled to the increased value despite Arizona
Revised Statutes Section 12-1123(A)?
February 28, 2008 . . . . . . CV 06-0753 . . . . .
. . . . . . .United Dairymen v. Rawlings
Does A.R.S. § 10-2016(D), providing that a liquidated damages clause set
forth in a cooperative marketing agreement shall be “valid and enforceable”
in the courts, require that the amount of such damages be reasonable?
February 26, 2008 . . . . . . . . CV 07-0072 . . .
. . . . . . .Dometri v. Lind
Does A.R.S. § 14-3972(C) allow Dometri to quiet title to the property even
though it is undisputed that the widow had no interest in the property?
February 21, 2008 . . . . . . . . CV 07-0228 . . . .
. Matthews v. Life Care
1. Does the Arizona Adult Protective Services Act prevent the enforcement
of a voluntary arbitration agreement entered into by an elderly person or an
elderly person’s authorized representative?
2.
Did the trial court properly rule that the term in the arbitration agreement
requiring a panel of arbitrators selected from the American Arbitration
Association,
which could not be applied because the AAA no longer handles this type of
arbitration, was not a compelling reason to void the arbitration agreement
because
substitute arbitrators could be found?
February 21, 2008 . . . . . . . . CV 07-0048 .
. . . . Thompson v. Thompson
1. If a parent
awarded joint custody or parenting time relocates his or her child
with court permission, should the court consider the miles of that move when
determining, under A.R.S. § 25-408(B), whether a subsequent relocation is more
than 100 miles within the state?
2. What should be the starting point for measuring the 100 mile condition
contained
in A.R.S. § 25-408(B)?
February 14, 2008 . . . . . . . . CV 06-0797 . . . .
. State v. City of Kingman
Did the facts presented at trial establish an issue as to whether the city of
Kingman took sufficient control over an intersection so as to be liable for
an accident occurring there?
February 12, 2008 . . . . . . . . CV 06-0723 . . . .
Friedman v. Burgess
1. Should claimants under the APSA in
probate proceedings be required
to pay the costs associated with any resulting investigation or law suit
when the claim is dismissed.
2.
Can we relieve a burden imposed by a judgment as to a non-appealing
party when the non-appealing party’s interests are represented by an
appealing co-party?
February 5, 2008 . . . . . CV 05-0768 . . . . Phoenix
New Times v. Arpaio
When public records have been requested from a public body who bears the
burden of demonstrating whether the response was "prompt" as mandated by
statute?
February 5, 2008 . . . . . CV 07-0006 . . . . . Golob
v. Arizona Medical Bd.
1. Is
the issuance of prescriptions over the internet by a doctor licensed in
Arizona unprofessional conduct within the meaning of A.R.S. section 32-
1401(27)(ss), which requires that the licensee physically examine the person
or previously establish a doctor-patient relationship, when the doctor has
never seen the person but has only reviewed the person's answers to an
on-line questionnaire?
2. Is the statute unconstitutionally vague?
February 5, 2008 . . . . . . CV 07-0100 . . . . . .
Rivers v. Solley
Did the trial court err in dismissing this case when the Plaintiff failed to
disclose
an accident that predated the accident in this case by sixteen days?
January 31, 2008 . . . . . . . . . . CV 06-0770 . . .
. Best v. Edwards
Is an amendment to extend the expiration date of a real estate purchase
option agreement subject to the statute of frauds?
January 29, 2008 . . . . . . . . . . CV 06-0730 . . .
. Hounshell v. White
Is a County Board of Supervisors an "appointing authority" such that it may
discipline employees of separately elected county officers pursuant to
Arizona Revised Statutes section 11-356 and related statutes?
January 29, 2008 . . . . . . . . . . CV 06-0810 . . .
. State (ADES) v. Lee
Do Arizona Revised Statutes sections 25-320(F) and 25-501(A) impose a
specific attendance requirement before courts may order a parent to provide
post-majority child support on the basis that the child was "attending high
school"?
January 22, 2008 . . . . . . . . . . CV 07-0155 . . .
. Greenwood v. State/Arpaio
Did the trial court in granting summary judgment properly interpret the
statutory
immunity provision to apply to the facts and legal theories raised in this case?
January 10, 2008 . . . . . . . . . CV 06-0718 . . . .
. . . National v. Thruston
1. To satisfy its
initial burden of proof, must the party moving for summary
judgment present evidence negating the affirmative defenses of the non-
moving party when the non-moving party bears the burden of proof at
trial on these defenses?
2. Is a trustor/debtor entitled to the protections provided by A.R.S.
§ 33-813 if it fails to comply with all of the requirements of that statute?
December 31, 2007 . . . . . . . .CV
06-0545 . . . . . . . . . . .Powers v. Taser
Does the hindsight test adopted in Dart v. Wiebe Manufacturing for strict
liability products claims based on design defects apply to strict liability
products
claims based on a failure to warn?
Is an offer of judgment under Arizona Rules of Civil Procedure 68
unenforceable because it is conditioned upon maintaining the confidentiality
of the terms of the offer?
December 27, 2007 . . . CV 06-0234/06-0326 Consol. .
. Maxfield v. Martin
Where the title company encumbered the real property of a victim of identity
theft, did the trial court err in granting summary judgment based on a lack of
fiduciary duty?
December 20, 2007 . . . . . . . . CV 07-0282 . . . .
. . Sensing v. Harris
Is mandamus
appropriate to order a chief of police to enforce a city ordinance?
December 20, 2007 . . . . . . . . CV 07-0165 . .
. . . . Bentley v. Building Our Future
For the purposes of A.R.S. § 16-912.01, did Building Our Future’s advertisements
advocating the passage of seven separate bond propositions constitute support
of the “same subject”.
November 29, 2007 . . . . . . . CV 05-0254 . . . . . .
. . Regal v. CNA Insurance
In this dispute between a subcontractor's commercial general liability (CGL)
insurer and the general contractor and one of its direct CGL insurers, does the
"arising out of" language in a blanket additional insured endorsement require
traditional proximate cause or a lesser causal nexus between the subcontractor's
work and the general contractor's alleged liability?
The general contractor and subcontractor agreed that the subcontractor would
have the general contractor added as an additional insured on the sub's
insurance
policy. Was summary judgment properly granted on whether the general
contractor and subcontractor entered into an oral agreement that "specifically
required" this additional insured coverage for the general contractor to be
primary coverage?
Is the "other insurance" language in this blanket additional insured endorsement
irreconcilably in conflict with the "other insurance" provision in this general
contractor's CGL policy such that each provision must be disregarded, with
the result that the insurers provide co-primary coverage for the general
contractor?
November 29, 2007 . . . . . . . CV 06-0719 . . . . . .
. . State v. Williams/Drum
Did the superior court err by denying the State's special action request to
compel two La Paz County Justices of the Peace to adjudicate complaints
issued by law enforcement officers for attempted possession of marijuana and
attempted possession of drug paraphernalia, both class one misdemeanor
crimes?
November 29, 2007 . . . . . . . CV 07-0256 . . . . . .
. . In re $24,000
May a "drug-package profile" be used to evaluate probable cause to support
the Sate's application for forfeiture of currency alleged to be linked to a drug
offense?
November 27, 2007 . . . . . . . CV 06-0521 . . . . . .
. . Mobilisa v. Doe
Did the superior
court err by granting a request by Appellee to discover from
appellant, an Arizona email service provider, the identity of one of its account
holders who anonymously sent an email that purportedly violated appellee’s
rights?
November 27, 2007 . . . . . . . CV 06-0785 . . . . . .
. . AHCCS v. Allen/Stephenson
Does a secured lender have to seek permission of the probate court or personal
representative of an estate before it can complete a trustee’s sale?
November 13, 2007 . . . . . . . CV
06-0605 . . . . . . . . Law v. Verde Valley
In this medical
malpractice case filed against two doctors and a hospital, did
the dismissals with prejudice of the doctors eliminate any vicarious
liability
of the hospital based on the allegedly negligent conduct of the doctors?
November 13, 2007 . . . . . . . CV 06-0781 . . . . . .
. . . Sheehan v. Flower
Under Arizona Revised Statutes section 25-408 does a grandparent have a
right to object to a custodial parent's out-of-state relocation when the
grandparent has been awarded visitation rights?
November 6, 2007 . . . . . . . . CV 06-0257 . . . . .
. . . . The Lofts v. Reliance
1. Is the exception to the privity requirement for a claim of breach of
the
implied warranty of habitability and workmanlike construction, as set forth
in Richards v. Powercraft Homes, Inc., 139 Ariz. 242, 678 P.2d 427
(1984), limited to homebuilder-vendors?
2. If the exception is so limited, should it be expanded to non-vendor
homebuilders on public policy grounds?
November 6, 2007 . . . . . . . . CV 06-0620 . .
. . . . . . . Gravel/Jackson v. Hills
May a receiver be
appointed only where there is irreparable harm and no other
adequate remedy?
November 6, 2007 . . . . . . . .CV 06-0674 . . . . . .
. . . . Palmer v. Palmer
A dissolution decree provides that Husband's spousal maintenance obligation
is "non-modifiable" and will continue until October 2008 except in the event of
death. Under Arizona Revised Statutes section 25-327(B), does Husband's
maintenance obligation continue after Wife's remarriage?
October 30, 2007 . . . . . . . . CV
06-0782 . . . . . . First American v. Action/Free
Whether a standard
term in a title insurance policy that excludes coverage when the
insured fails to “pay value” for title may bar coverage when a sheriff’s sale is
set
aside because the value the insured paid for title to a home is so low that it
shocks
the conscience of the court.
October 23, 2007 . . . . . . . . CV
07-0068 . . . . . . Bell-Kilbourn v. Bell-Kilbourn
Does an owning spouse sufficiently rebut the presumption that real property is a
community asset when purchased during the marriage if the non-owning spouse
executed an enforceable deed disclaiming an interest in the property at the time
of
acquisition?
October 18, 2007 . . . . . . . . CV 05-0792 . . . . . . . .
Callen v. Rogers
Once the State extends coverage for a service that falls within a category of
coverage
designated by Medicaid as optional, must the State cover all necessary services
within
that optional category of coverage?
October 9, 2007 . . . . . . . . . CV
06-0572 . . . . . . . Nolan v. Starlight
Does the Arizonans with Disabilities Act apply to homeowners' association common
areas?
Must a claimant make a request for reasonable accommodations under the Arizona
Fair Housing Act?
When a homeowners' association grants its members an easement to enjoy its
common
areas, does it undertake an obligation to make the common areas accessible to a
disabled homeowner?
October 5, 2007 . . . . . . . . . CV
06-0137 . . . . . . . Myers v. Hoffman-La Roche, Inc.
Are claims by a child for injuries suffered in utero allegedly as the result of
conduct by
others during the child’s gestation barred by Arizona’s “wrongful life”
doctrine?
Are tort claims against the manufacturer of the drug Accutane subject to a
motion to
dismiss based on the “learned intermediary” doctrine?
September 27, 2007 . . . . . . . CV
06-0557 . . . . . . Grafitti-Valenzuela v. City of Phoenix
Does the City
of Phoenix owe a duty to keep its bus stops reasonably safe, and,
if so, did it breach that duty and proximately cause injuries by failing to
install additional
lighting and a shelter?
September 25, 2007 . . . . . . . CV
06-0289 . . . . . . . Boncoskey v. Boncoskey
Are pension rights that are not yet “matured” controlled by Koelsch v.
Koelsch,
148, Ariz. 176, 713 P.2d 1234 (1986), or Johnson v. Johnson, 131 Ariz.
38,
638 P.2d 705 (1981)?
September 18, 2007 . . . . . . . CV
06-0636 . . . . . . . . Rand v. Porsche
Is a principal responsible for an
independent contractor's breach of the
peace when repossessing a motor vehicle under the self-help provisions
of A.R.S. § 49-9609?
September 18, 2007 . . . . . . . . CV 05-0631 . . . .
. . . City of Chandler v. ADOT
Does A.R.S. § 27-7156 require or does it merely authorize ADOT to
reimburse
municipalities for the relocation of utility lines that are placed in state
highway
rights-of-way?
September 14, 2007 . . . . . . . . CV 06-0248 .
. . . . . . . . State v. State
Does A.R.S. § 40-360.07(C), relating to the issuance of a certificate of
environmental
compatibility, provide an independent avenue for seeking judicial review of a
decision
of the Arizona Corporation Commission?
September 13, 2007 . . . . . . . . CV
05-0573 . . . . . . . . . Leathers v. Leathers
1. Did the trial court abuse its discretion in determining the amount and
duration of wife's spousal maintenance?
2. Did the trial court illegally order husband to divide his future social
security benefits?
3. Did the trial court abuse its discretion in the division of community
property and debts?
4. Did the trial court exceed its authority in ordering husband to
maintain a life insurance policy for the benefit of wife?
5. Did the trial court err in ordering husband to pay wife's attorneys'
fees and costs?
September 11, 2007 . . . . . . . . CV
06-0700 . . . . . . . . . State v. Western Union
Pursuant to
statutes allowing it to make an administrative investigation, may the
Attorney General request broad categories of information without demonstrating
that the information sought may be relevant either to a crime that could be
charged in Arizona or a transaction over which this state has jurisdiction?
September 6, 2007 . . . . . . . . .
CV 06-0200 . . . . . . . . . . Webb v. Omni
Under ARCP Rule 704, may an expert
give his opinion as to the precise
percentages of liability that should be allocated to the parties and nonparties
at fault?
August 23, 2007 . . . . . . . . . . . CV
06-0624 . . . . . . Hunt v. Richardson
1. Did the trial court properly decide as a matter of law that an easement
was
properly dedicated to public use?
2. Did the trial court properly decide as a matter of law that a
servient estate owner
could not erect a gate at the
entrance to an access easement?
3. Is a declaratory judgment available to decide whether adjacent
landowners
share responsibility for maintaining
an access easement?
4. Is a declaratory judgment available to decide whether adjacent
landowners
share responsibility for any future
injuries that might occur on an access easement?
August 23, 2007 . . . . . . . . . . .
. CV 06-0162 . . . . . . . . . . Owens v. Schepp
1. Does the Statute of Frauds
apply to an agreement for partition of property?
2. Whether there was a question of fact in this case, as to an act of part
performance that was unequivocally referable to the oral partition agreement,
which precluded entry of summary judgment?
August 23, 2007 . . . . . . . . . . . . CV
06-0345 . . . . . . . . . . Belliard v. Becker
1. Did the trial court properly exclude all of evidence regarding
Appellee’s
consumption of alcohol prior to the accident?
2. May this court remand for a partial retrial limited to punitive
damages?
August 21, 2007 . . . . . . . . . . .
. . CV 06-0462 . . . . . . . . . . . Grynberg v. Shaffer
When is a
judgment of a foreign state entitled to full faith and credit in Arizona?
August 21, 2007
. . . . . . . . . . . . . CV 06-0457 . . . . . . . . . . Neonatology v. Phoenix
Perinatal
Does a
medical provider’s practice of referring patients to its own out-of-network
physicians,
despite the risk that health insurance plans will not reimburse the provider for
such care,
constitutes unfair competition and intentional interference with a competing
provider’s
contractual relationships with those plans?
August 16, 2007 . . . . . . . . . . .
. . . . CV 06-0549 . . . . . . . . . West v. Maricopa County
1. Under the Arizona Public Records Law, A.R.S.
§ 39-121.01, did the superior court correctly
order the Maricopa County Sheriff's Office to provide hard copies of press
releases on an
ongoing basis to the West Valley View newspaper on the same day the
Sheriff distributes
press releases to the many news media members on his e-mail distribution list?
2. Did the superior court correctly deny the newspaper's request for
attorney's fees?
August 16, 2007 . . . . .
. . . . . . . . . . CV 06-0277 . . . . . . . . . . . . Bohreer v. Erie
1.
Do
Arizona courts have general personal jurisdiction over a foreign insurer
qualified
to do business in Arizona and which has appointed the Director of Insurance as
an agent
for service of process and has not withdrawn such qualification or appointment,
but has
ceased doing business in the state prior to the acts underlying the complaint?
2. Does the exercise of
such jurisdiction violate due process?
August 16, 2007 . . . . . . . . . . . . . . . . CV
06-0143 . . . . . . . . . . . . . State v. Mabery
1. May the filing of a declaratory judgment action by the State to
enforce contract rights,
by itself, give rise to a claim for inverse condemnation?
2. Does a damages claim under the improper-recording statute, A.R.S.
§ 33-420, accrue
before a claimant is aware it has been damaged?
3. Does the notice-of-claim statute, A.R.S. § 12-821.01, apply to a claim
for injunctive
relief to restrain governmental conduct?
August 14, 2007 . . . . . . . . . . .
. . . . . . . . CV 05-0432 . . . . . . .. . . . Banner v. Medical
Savings
May these hospitals enforce their full billed rates and charges, previously
filed with the Department
of
Health Services as required by state law, against uninsured patients who signed
Conditions of
Admission
forms stating that they agreed to "pay the account of the patient" and to be
"responsible
for payment of the
patient's bill?"
August 10, 2007 . . . . . . . . . . .
. . . . . . . . CV 05-0296 . . . . . . . . . . . . . . . McDowell v. Simons
When an award of
attorneys’ fees is governed by a contractual provision requiring an award of
“all attorneys’ fees,” may the trial court reduce the fee award from the actual
fees incurred absent
evidence the fees are unreasonable and excessive?
August 9, 2007 . . . . . . . . . . . .
. . . . . . . . CV 06-0474 . . . . . . . . . . . . . . . . . . . . . . Tierra
Ranchos v. Kitchukov
Are decisions of
homeowners’ association architectural committees reviewed
pursuant to the business judgment rule?
July 26, 2007 . . . . . . CV 06-0408 .
. . . . . Melgar v. Campo
Can an Arizona
family court modify an out-of-state child custody order before
conferring with the out-of-state court or before that court releases primary
jurisdiction as required by the Uniform Child Custody Jurisdiction and
Enforcement
Act?
July 26, 2007 . . . . . . . CV 06-0372 . . . . . .
Stone Creek v. Shure/Hecker
Does the Prompt
Pay Act allow an owner to withhold payment on an invoice
after discovering defective construction work if the work is unrelated to the
invoice?
July 24, 2007 . . . . . . . . CV
06-0043 . . . . . . . Dawson v. Withycombe
1. Does the failure of a party to make a
Rule 50(a) motion for judgment as a matter of law
on a specific issue preclude the party from filing a Rule 59 motion for new
trial on that issue
after judgment is entered?
2. Are misrepresentations about potential funding of a corporation, including
whether other
investors may have agreed to invest if certain events occur, actionable fraud?
3. May corporate directors be personally liable for actionable
misrepresentations made by
other corporate officers without the directors’ knowledge on theories of (a)
agency, (b) aiding
and abetting or (c) conspiracy?
4. Can corporate directors be personally liable to creditors for actionable
misrepresentations
by corporate officers under a theory of constructive fraud when the corporation
enters the zone
of insolvency and what is the directors’ duty?
5. Can corporate officers be personally liable to potential corporate creditors
for actionable
misrepresentations by corporate officers under a theory of negligent supervision
of the officer?
6. Can corporate directors be liable for punitive damages for
misrepresentations by corporate
officers on an agency theory?
7. When does pre-judgment interest begin to run in a tort case when a
corporation defaults
on repaying a loan?
8. Should a trial court deduct from the judgment the amount of settlement by a
joint and several
tortfeasor prior to calculating interest?
July 17, 2007 . . . . . . . . . . CV
06-0467 . . . . . . . . . . PLM Tax v. Schweikert
Is a county
treasurer liable when a tax lien proves to be invalid?
July 12, 2007 . . . . . . . . . . CV
06-0274 . . . . . . . . . . . . . Hanson v. Tempe
Was a life care
contract properly terminated so as to allow the deceased, former
resident, a full refund of the entrance fee?
July 12, 2007 . . . . . . . . . . CV
06-0145 . . . . . . . . . . . . . . . Lee v. State
Does a plaintiff meet the filing
requirement of A.R.S. § 12-821.01(A) by
mailing a notice of claim when actual delivery does not occur?
June 28, 2007 . . . . . . . . . .CV
05-0235 . . . .Yes on Prop 200 v. Napolitano
May the Courts review an opinion of the Attorney General pursuant to a special
action in mandamus?
Is the Attorney General an appropriate Defendant in a declaratory judgment
action when he lacks the power to deny Plaintiff's asserted interests?
Is the Governor as the Chief Executive Officer an appropriate Defendant in a
declaratory judgment action that seeks to challenge the statewide
implementation of an initiative proposition?
June 21, 2007 . . . . . . . . . . . . . . CV 06-0430 .
. . . . . . . . . Crowell v. Jejna
Is one entitled to a jury trial on a charge of violating a city ordinance that
requires
that "adult service" performers must comply with certain regulatory
requirements?
June 19, 2007 . . . . . . . . . . . . . . . CV 06-0038
. . . . . . . . . . Cullum v. Cullum
Can the Superior Court of Maricopa County use the Maricopa County Superior
Court Maintenance Guidelines to determine the amount and duration of spousal
maintenance?
June 19, 2007 . . . . . . . . . . . . . . . . CV
06-0141 . . . . . . . . . . Levy v. Alfaro
Are “reasonable expert witness fees” awardable under Arizona Rule of Civil
Procedure 68(d) limited to fees paid for testifying at trial?
June 14, 2007 . . . . . . . . . . . . . . . . . CV
06-0598 . . . . . . . . . . Fushek v. State
1. Does misdemeanor assault have a common law antecedent such that an
individual
charged with such crime is entitled to a jury trial?
2. Does misdemeanor contributing to the delinquency of a minor have a
common law
antecedent such that an individual charged with such crime is entitled to a jury
trial?
3. Where the state alleges that certain misdemeanor offenses were
committed with
sexual motivation, thereby authorizing a sentencing judge pursuant to §13-3821
(C)
to require the defendant upon conviction and such a finding by the trier of fact
to register
as a sex offender, is that individual entitled to a jury trial?
June 14, 2007 . . . . . . . . . . . . . . . . . CV
06-0383 . . . . . . . . . . . . U.S. Bank v. Garcia
When a decedent’s marriage is, under Arizona law,
void from inception, does Arizona’s
“revocation by divorce” statute, A.R.S. ' 14-2804,
disqualify the person considered
previously to be decedent’s spouse from inheriting from the decedent?
June 12, 2007 . . . . . . . . . . . . . . . . . CV
05-0202 . . . . . . . . . . Smyser v. City of Peoria
1. Were defendants entitled to a gross negligence defense?
2. Did the trial court correctly refuse a jury instruction regarding the
failure to retain evidence?
3. Did the trial court correctly permit testimony that City employees gave
their best efforts and
refuse a jury instruction regarding best efforts and the standard of proof?
4. Did the trial court erroneously award sanctions under Arizona Rule of
Civil Procedure 68?
June 7, 2007 . . . .
. . . . . . . . . . . . . . CV 06-0258 . . . . . . . . . . . Garner v. Schindler
Does a party who does not raise the issue in the trial court waive a claim that
the judgment
is void for lack of jurisdiction because the appointment of the judge pro
tempore who
presided over the case was procedurally defective due to non-compliance with
statutory
requirements?
May 31, 2007 . . . . . . . . . CV 06-0530 . . . . .
Roberts v. Robert
1. Does a decedent’s heir have a right to redeem a real property tax lien
on a decedent’s real property?
2. To foreclose an heir’s right to redeem, must the tax lien purchaser
make the heir a defendant in the tax lien foreclosure action?
May 29, 2007 . . . . . . . . CV 06-0093 . . . . . . .
. Girouard v. Skyline
Under the wrongful death act, is evidence of the manner of a decedent's
death admissible on the issue of damages of mental anguish suffered by
the survivors?
May 24, 2007 . . . . . . . . CV 05-0557 . . . . . . .
. . Napp v. Napp
Does Arizona Rule
of Civil Procedure 60(c)(3) apply to non-merged property
separation agreements approved by the court pursuant to A.R.S. § 25-317(B)?
May 22, 2007 . . . . . . . . CV 05-0719 . . . . .
Felder v. Physiotherapy
Did the trial
court properly allow the jury to determine the lost earning
capacity of a professional baseball player?
May 15, 2007 . . . . . . . CV 05-0730 . . . . . .
SRP v. Miller Park
Is a property owner's prior statement of value made for tax
purposes
per se admissible to impeach the owner in a condemnation action if he
testifies at trial regarding value?
May a property owner recover sanctions under Rule 68(d) or are
such sanctions preempted by Arizona Revised Statutes section
12-1128, a statute that grants a court discretion to award costs and
jury fees in condemnation cases except in certain circumstances?
May 8, 2007 . . . . . . . . CV 05-0444 . . . . . .
Brookover v. Roberts
Is a livestock owner liable to a motorist injured when cattle strayed
from unfenced pasture onto the roadway in open range territory?
April 26, 2007 . . . . . . . CV 06-0359 . . . . . .
Jenkins v. Jenkins
In calculating a parent's income for child support purposes, must the
income a parent might have received if the parent had invested sole
and separate property in an income-producing investment be attributed
to the parent as income?
April 24, 2007 . . . . . . . CV 06-0221 . . . . . . .
Multari v. Gress
May a developer
utilize private deed restrictions on multiple lots in a
residential subdivision to alter uniform covenants and restrictions
otherwise applicable to those lots?
April 24, 2007 . . . . . . . CV 05-0510 . . .
. . . . . Fulton v. BBP
May a trial court
award attorneys’ fees to third-party defendants
against a third-party plaintiff in a construction defect action after
all parties stipulate to the dismissal of the third-party defendants?
April 12, 2007 . . . . . . . CV 06-0477 . . . . . . .
. . Lopez v. Cole
1. Can a minor pursue a claim for medical expenses without his parents
consent?
2. Can a parent consent to a minor pursuing a claim for medical expenses
by waiver?
April 5, 2007 . . . . . . . . CV 06-0010 . . . . . .
. . . . . Gorman v. State
Can a claim by the
State against an estate for estimated environmental
clean-up costs be a liquidated claim?
March 27, 2007 . . . . . . CV 05-0859 . . . . . . . .
. . . . Liberty v. Weitz
Is a builder’s
risk insurance policy issued in connection with the construction
of a dormitory that burned before completion is “inland marine insurance”
and for that reason exempt under Arizona law from the requirements of the
Arizona Standard Fire Policy?
March 13, 2007 . . . . . . CV 06-0240 . . . . . . . .
. . . . . Stewart v. Carroll
1. Does A.R.S. § 21-202(C), which allows potential jurors 75 or older to
opt-out of jury service, violate the due process and fair jury trial rights
guaranteed by the Arizona Constitution?
2. Does the confidentiality provision violate the Arizona Constitution’s
requirement that justice in all cases be administered openly?
March 12, 2007 . . . . . . . . .CV 06-0029 . . . . .
. . . Burk v. State
Is a court
conciliation services employee who authored a report for a judge regarding child
custody shielded from suit under the doctrine of judicial immunity, regardless
of a
discriminatory purpose underlying the report and the judge’s rejection of it?
March 8, 2007 . . . . . . . CV 06-0421 . . . . . . . .
. Patterson v. Thunder Pass, Inc.
Did the tavern fulfill its duty of reasonable care by driving the patron home,
and was the patron's return unforeseeable such as to constitute an intervening,
superseding event relieving the tavern of liability?
March 8, 2007 . . . . . . . CV 06-0139 . . . . . . . .
Parker v. McNeill
May a party who fails to
comply with ARCAP 21(c)(1) recover fees for the
prosecution or defense of the case in the superior court before the appeal and
fees on appeal from the trial court on remand if the appellate court remanded
the case to the trial court for further proceedings?
March 6, 2007 . . . . . . . CV 06-0110 . . . . .
. Carlson v. AZ State Personnel Board
Did the Arizona State Personnel Board
improperly uphold the
dismissal of a State
employee for reasons not asserted by the employer in the notice of dismissal?
February 27, 2007 . . . . . . . . CV 05-0247 . . . . .
. . . Weatherguard v. D. R. Ward
Do provisions in a construction subcontract requiring the subcontractor to
assume
towards the general contractor the responsibilities and obligations the general
contractor
assumed towards the property owner and giving the contractor all of the same
rights
and privileges against the subcontractor the owner had against the contractor
obligate
the subcontractor to arbitrate a dispute with the general contractor?
January 30, 2007 . . . . . . . . . . . . CV 06-0238 .
. . . . . Parkinson v. Guadalupe
Does
A.R.S. § 38-844(B)
require that a Public Safety Personnel Retirement
System member’s accidental disability be the sole reason for resignation in
order to
be eligible for an accidental disability pension?
January 30, 2007 . . . . . . . . . . . . . . CV
05-0494 . . . . . . . State Farm v. Grabowski
Did the trial court
correctly instruct the jury on the doctrine of “reasonable expectations”?
January 30, 2007 . . . . . . . . . CV 05-0460 . . . .
. . Center Bay Gardens v. City of Tempe
What are the requirements for standing to challenge a zoning variance approved
for a
neighboring property?
January 23, 2007 . . . . . . . . . . . . . CV 03-0451
. . . . . . . . . Lennar v. Auto-Owners
1. Does damage to property caused by faulty construction constitute an
occurrence as defined
in the insurer's policies?
2. Is there coverage under an occurrence policy for damage that continues
to accrue during
the coverage period if the damage was first manifest prior to the coverage
period?
3. Does a subcontractor's obligation to indemnify a contractor for its
negligent work, and to
insure its own work amount to an obligation by the subcontractor to insure the
contractor?
January 23, 2007 . . . . . . . . . . . . CV 05-0835 .
. . . . . . . . . . Doe v. Arpaio
Does the County’s
policy requiring a court order to transport an inmate to receive an abortion
serve a legitimate penological interest?
December 28, 2006 . . . . . . . . . . . CV 05-0023 .
. . . . . . . . City v. Harnish
Does A.R.S.
section 9-511 authorize the City of Phoenix to condemn land outside its
territorial
boundaries solely for public park purposes?
December 19, 2006 . . . . . . . . . . CV 05-0674. . . . . . . . . . Coconino
County v. Antco
May a county be prohibited from pursuing alleged
environmental violations by the application of the
Doctrine of Primary
Jurisdiction?
December 12, 2006 . . . . . . . . . . CV 05-0764 . . .
. . . . . . . Lohmeier v. Hammer
May an expert of
biomechanics testify about the likelihood that physical injury could result from
a collision, without the scientific basis of his opinion first being subjected
to a Frye hearing?
November 14, 2006 . . . . . . . . . CV
04-0250 . . . . . . . . . . . . Kromko v. AZ Board
1. Is the Legislature immune from suit absent allegation that it violated a
constitutional duty?
2. Is the Board of Regents immune as a matter of law from declaratory
or injunctive relief
to determine if the 2004 tuition increase violates the constitutional provision
that tuition shall
“be as nearly free as possible?”
November 14, 2006 . . . . . . . . . CV
04-0196 . . . .. . . . . . . . Evans Withycombe v. Western
Does A.R.S.
§ 12-552 bar a contractor from bringing a claim for common-law indemnity against
a
subcontractor after the statutory period has lapsed?
November 14, 2006 . . . . . . . . . . . . . . . CV
04-0343 . . . . . . . . . . . . . Kay S. v. Mark S.
1. Is an attorney who serves irregularly but not infrequently as a
part-time pro tem judge in a division of family court authorized to appear
before that division representing a client because his service is “sporadic”
pursuant to Ariz. R. Sup. Ct 81, Application D(3)?
2. Is an attorney who serves irregularly but not infrequently as a
part-time judge pro tem judge in a division of family court prohibited from
appearing before that division representing a client because the attorney serves
“repeatedly on a continued scheduled basis” pursuant to Ariz. R. Sup. Ct. 81,
Application D(4)?
September 26, 2006 . . . . . . . . . . . . . . .
CV 05-0059 . . . . . . . . . . Hamblin v. State
Was the Maricopa
County Probation Department the proximate cause of the victim’s death
September 12, 2006 . . . . . . . . . . . . . . . CV
05-0369 . . . . . . . . . . Southwest v. AZ Corp. Comm.
1. Does SWTC meet
the textual definition of a public service corporation under Article 15, Section
2, of the Arizona Constitution?
2. Does SWTC business and activity
“make its rates, charges and methods of operation a matter of public concern"
considering the eight factors articulated in Natural Gas Co. v. Serv-Yu
Cooperative?
September 7, 2006 . . . . . . . . . . . . . . . . CV
05-0683 . . . . . . . . . . . . Phelps Dodge v. El Paso
1. Do the state law claims constitute a challenge to a FERC action?
2. If so, does the state court have jurisdiction to resolve those claims?
September 7, 2006 . . . . . . . . . .
. . . . . . CV 04-0144 . . . . . . . . . . . . Mago v. Mercedes-Benz
Is a vehicle
lessee eligible to recover under the Magnuson Moss Warranty Act, 15 U.S.C. §§
2301-2312 (2000)?
August 29, 2006 . . . . . . . . . . . . . . . . . . CV
04-0465 . . . . . . . . . . . . State Farm v. Premier
Are the principles of comparative fault established by the state legislature in
A.R.S. § 12-2506 applicable to the participants in the chain of distribution of
an allegedly defective product?
August 24, 2006 . . . . . . . . . . . . . . . . . CV
06-0443 . . . . . . . . . . . . . Committee v. Riffle
Did appellant fail to strictly comply with A.R.S. § 19-101(A) when it stapled
rather than inserted a referendum description to its referendum petitions,
thereby justifying the Wickenburg Town Clerk's rejection of the petition?
August 24, 2006 . . . . . . . . . . . . . . . CV
05-0313 . . . . . . . . . . . . Friedman v. Microsoft
1. Can a court
apply a multiplier to a lodestar amount of attorneys’ fees in a class action not
involving a common fund when the settling parties have agreed the court should
use a common-fund analysis to award the fees?
2. In deciding to apply a multiplier in this context, what
factors should the court use to determine whether a multiplier is appropriate in
this context?
August 17, 2006 . . . . . . . . . . . . . . . CV
05-0712 . . . . . . . . . . . Ritland v. AZ State Board
Under the Administrative Procedure
Act, must an agency head defer to an administrative law judge’s (“ALJ”) findings
of fact on witness credibility?
August 15, 2006 . . . . . . . . . . . . . CV 04-0766 .
. . . . . . . . . . . . . . American v. City of Phoenix
Do the “right to work” provisions
found in Article 25 of the state constitution and A.R.S. § 23-1302 prohibit a
union from proposing as a topic for collective bargaining, and an employer from
compelling, a “fair share” contribution from a non-union employee member of a
collective bargaining unit?
August 15, 2006 . . . . . . . . . . .
. . . CV 06-0309 . . . . . . . . . . . . . . . Town of Gilbert v. Maricopa
Is HB 4125 an
unconstitutional special law?
August 3, 2006 . . . . . . . . . . . . . . .CV 05-0062
. . . . . . . . . . . . . . . Shea v. City of Phoenix
What is the meaning of the term "manifest error" as stated in Section
303(C)(3) of the City of Phoenix’s zoning ordinance?
July 27, 2006 . . . . . . . . . . . . . . . .
CV 05-0316 . . . . . . . . . . . . . . . . . . Grubb v. 407417 B.C.
1. Is a property manager protected against its own active
negligence pursuant to a contractual provision that indemnifies it "in
connection with" the "performance by [it] of any and all of its obligations"
under the agreement except for its "gross negligence or willful misconduct?"
2. Does the indemnitor or indemnitee have the burden of proof
on a gross negligence exception in an indemnity clause?
July 27, 2006 . . . . . . . . . . . . . . . CV
05-0471 . . . . . . . . . . . . . . . . . . . Short v. Petty
What should the
trial court consider in determining whether a joint offer of judgment complies
with Arizona Rule of Civil Procedure 68?
July 25, 2006 . . . . . . . . . . . .
. CV 05-0355 . . . . . . . . . . . . . Bolser v. AZ Registrar Con.
The registrar of contractors revoked a residential
contractor's license after the latter failed to adequately perform repair work
permitted by prior orders to avoid revocation. Does the superior court have
subject matter jurisdiction to review the final decision of the registrar if the
contractor failed to seek review of the earlier revocation orders?
July 3, 2006 . . . . . . . . . . . . .
. . . CV 05-0663 . . . . . . . . . . . . Fry v. Garcia
Does the court
continue to have authority to consider a petition for visitation filed by
grandparents pursuant to ARS Section 25-409(A)(3) if the parents marry during
the course of the proceedings on the petition?
July 3, 2006 . . . . . . . . . . . . .
. . CV 05-0677 . . . . . . . . . . . . Schwager v. VHS Acquisition
1. May a lent employee bring suit against her special employer
if she is injured while leaving her place of employment at the end of the work
day?
2. May a lent employee bring suit against her co-employee if he is solely employed by her special employer, and thus they are not in the "same employ" pursuant to A.R.S. § 23-1023(A)?
June 13, 2006 . . . . . . . . . . . .
. CV 05-0171 . . . . . . . . . . . . .Butch Randolph v.
International Fidelity
Does the post-1991 version of A.R.S. § 32-1121(A)(4) permit recovery for
materials furnished by an unlicensed contractor who does not perform any
installation services when the price of the materials exceeds $750?
May 30, 2006 . . . . . . . . . . . .
.CV 05-0271 . . . . . . . . . . . . . . . . . . Brunet v. Murphy
1. When a statutory cause of action has not yet been filed, is
an amendment to the statute that eliminates the pre-existing cause of action
retroactively applied in violation of A.R.S. § 1-244 when the statute becomes
effective?
2. Pursuant to ARS § 1-249 may a plaintiff assert a pre-existing cause of action that has accrued, but not yet been filed, after an amendment repealing the cause of action becomes effective?
May 30, 2006 . . . . . . . . . . . . .
CV 05-0611 . . . . . . . . . . . . . . . . . Abuhl v. Howell
Is false reporting, which we declared a jury
eligible offense in Mungarro v. Riley, 170 Ariz. 589, 826 P.2d 1215 (App.
1991) in light of Rothweiler v. Superior Court of Pima County, 100 Ariz.
37, 410 P.2d 479 (1966), still a jury eligible offense in light of the two
part Derendal analysis?
May 11, 2006 . . . . . . . . . . . . . . CV 04-0568 . . . . . . . .
. . Sun Valley v. Guzman
Can Sun Valley, by way of equitable subrogation, foreclose a tax lien that has
already been redeemed?
May 4, 2006 . . . . . . . . . . . . .
. . . CV 04-0436 . . . . . . . . . . . Salib v. Mesa
Does a city
ordinance violate the free speech provisions of the First Amendment and Arizona
Constitutions by limiting how much of a business’s windows can be covered by
advertising signs?
May 4, 2006 . . . . . . . . . . . . .
. . . CV 05-0400 . . . . . . . . . . . State Farm v. Connolly
Does a negligent infliction of emotional distress claim filed by a relative who
was in the zone of danger fall under the "each person" policy limit of the party
who was directly injured in an automobile accident?
April 27, 2006 . . . . . . . . . . . . . . . CV
05-0407 . . . . . . . . . . . Guerra v. Bejarano
Is the
superior court authorized to retroactively modify a child support order that
concerns multiple children to the date on which one of the children emancipated
when the modification is made in part to account for that event?
April 20, 2006 . . . . . . . . . . . . . . CV
04-0466 . . . . . . . . . . . . Waldren v. Waldren
1. May a former spouse seek relief under Arizona Rule of
Civil Procedure 60(c)(5) from a divorce decree imposing a spousal maintenance
obligation that is non-modifiable under A.R.S. sections 25-319(C) and -317(G)?
2. Was Father entitled to a further hearing based on Hamblen v. Hamblen, 203 Ariz. 342, 54 P.3d 371 (App. 2002), regarding the distribution of Social Security disability benefits to his children resulting from his disability?
April 11, 2006 . . . . . . . . . . . . . . . . CV
04-0585 . . . . . . . . . . Carlisle v. Petrosky
Does a trial court have the authority to grant an appealing party's request to
voluntarily dismiss the appeal of an arbitration award?
April 11, 2006 . . . . . . . . . . . . . . . . . CV
04-0589 . . . . . . . . . . . Progressive v. Blaud
1. Where a tire tread is projected into an insured=s
motorcycle by an unidentified motor vehicle resulting in an accident, has the
Aphysical contact@
requirement of A.R.S. ' 20-259.01(m)
been satisfied?
2. Where a motorcycle collides on a highway with a stationary piece of truck tire tread resulting in an accident, has the Aphysical contact@ requirement of A.R.S. ' 20-259.01(m) been satisfied?
April 6, 2006 . . . . . . . . . . . . . . . . .
CV 05-0079 . . . . . . . . . . . Martinez v. Green
Can a claim for damages under the Telephone Consumer Protection Act be assigned?
March 30, 2006 . . . . . . . . . . . . . . . CV
04-0720 . . . . . . . . . . . .Sobol v. Alarcon
1. Is a person who submits a complaint
against a certified legal document preparer to the Board of Legal Document
Preparers absolutely immune from civil liability?
2. Is a person entitled to absolute immunity when the
complaint against the certified legal document preparer is initially sent to the
State Bar of Arizona and then forwarded by the State Bar to the Board of Legal
Document Preparers?
March 30, 2006 . . . . . . . . . . . . . . . CV
05-0199 . . . . . . . . . . . . Sobol v. Marsh
Is a person who complains to the Board of Legal Document Preparers entitled to
common-law immunity for the statements made in his complaint?
March 28, 2006 . . . . . . . . . . . . . . . CV
05-0148 . . . . . . . . . State v. Demetz
Does the annulment of a child's marriage during her minority and before she
would have otherwise become emancipated serve to revive the child's
unemancipated status, which in turn revives a parent's child support obligation?
March 23, 2006 . . . . . . . . . . . . . . . CV
04-0827 . . . . . . . . . Curtis v. Richardson
1. Did the superior court improperly deny a change of
venue for the review of an administrative decision?
2. Is the superior court required, pursuant to the changes to
A.R.S. § 12-910, to hold an evidentiary hearing even though the plaintiff fails
to show an evidentiary hearing is necessary?
3. Was the ALJ required to change the venue of a Department of
Real Estate proceeding?
4. Was the administrative decision upholding the refusal of
the Arizona Department of Real Estate to issue a license arbitrary and an abuse
of discretion?
March 9, 2006 . . . . . . . . . . . . . . . . CV
05-0217 . . . . . . . . . . Valder v. Keenan
Does the common fund doctrine apply to this wrongful death action?
March 2, 2006 . . . . . . . . . . . . . . . . .
CV 05-0119 . . . . . . . . Gipson v. Kasey
1. On this record, does the tort defendant who shares his prescription
OxyContin pills with another person at a party owe a duty of care to that person
and any additional person to whom she foreseeably shares the pills?
2. Is the defendant entitled to summary judgment on the basis of no
proximate cause?
March 2, 2006 . . . . . . . . . . . . . . . . . CV
05-0082 . . . . . . . . AZ Commercial Diving v. Applied Diving
1. Did the superior court err in affirming
the ALJ’s decision that ACDS did not substantially comply with the statutory
requirement that it be licensed before submitting a bid for contracting work to
the City of Phoenix?
2. Did the superior court improperly apply the license exemptions for a
"requirement contract" under Arizona Revised Statutes (A.R.S.) section
32-1121.A.14?
3. Did the superior court lack authority to order that ACDS’s license be
rescinded?
February 14, 2006 . . . . . . . . . . . . . .
CV 05-0129 . . . . . . . . . . . Winn v. Plaza Healthcare
If a personal representative is appointed more than two years after the
decedent’s death, can that personal representative prosecute medical negligence
and adult abuse claims on behalf of the estate of his late wife?
February 14, 2006 . . . . . . . . . . . . . . CV
04-0801 . . . . . . . . . Falcon v. Maricopa County
Can a party intending to sue a county satisfy the notice-of-claim requirement
set forth in Arizona Revised Statutes section 12-821.01(A) (2003) by sending the
requisite notice to one member of the county board of supervisors?
February 14, 2006 . . . . . . . . . . . . . . CV
04-0203 . . . . . . . . Mutschler v. Phoenix
1. May a landowner seek compensation under the Fifth Amendment Takings
Clause when a government regulation prevents the property from being used to
maintain a common-law public nuisance?
2. Does the use of property as a live sex act club constitute a
common-law public nuisance that is not protected by the Takings Clause?
February 9, 2006 . . . . . . . . . . . . . . . CV
04-0611 . . . . . United Dairymen v. Schugg
1. Is the jury's verdict of no express breach inconsistent with its
verdict of breach of the implied covenant of good faith and fair dealing?
2:. In the absence of express language authorizing same, will our courts
extend liquidated damages recovery to breach of the implied covenant of good
faith and fair dealing?
3: Was the trial court's instruction to the jury authorizing an award of
liquidated damages in the event it found a breach of the implied covenant of
good faith and fair dealing in error?
4: Where the prevailing party on the breach of implied covenant of good faith
and fair dealing claim had an opportunity to present evidence of contract
damages, but instead relied on its assertion that liquidated damages should be
awarded for any such breach, is such party entitled under these circumstances to
remand for a new trial on damages?
February 2, 2006 . . . . . . . . . . . . . . .
CV 03-0633 . . . . . . . Hanson v. Rissling Construction
Must a claimant on a lien-discharge bond initiate suit within six months?
January 26, 2006 . . . . . . . . . . . . . . .
CV 05-0196 . . . . . . In Re: Consolidated Zicam
Did the trial court err in granting the non-resident defendants’ motion to
dismiss the complaints against them for lack of personal jurisdiction?
January 3, 2006 . . . . . . . . . . . . . . . . . CV 04-0264 . . . . Chaurasia
v. General Motor
1) Was there a breach of the limited express warranty?
2) Was there a breach of the implied warranty?
3) Did the claim for revocation of acceptance fail due to a lack of privity?
4) Did the trial court properly award attorneys’ fees under the MMWA where the
claim arose out of contract?
December 22, 2005 . . . . . . . . . . . . . . . CV
04-0816 . . . . . Vales v. Kings Hill
1. Does A.R.S. § 33-1227(B), which bars challenges to the validity of an
association
amendment to a condominium declaration not filed within one year, apply to
association
amendments not adopted pursuant to A.R.S. § 33-1227?
2. Was a recorded amendment to a condominium declaration invalid because
it contained
additional language inserted by the association that was not approved by the
condominium
unit owners and was otherwise ambiguous?
December 22, 2005 . . . . . . . . . . . . . . .
.CV 04-0823 . . . . Austin v. Crystaltech
1. Does the Communications Decency Act immunize an Arizona website hosting
company
as an "internet computer service" from state defamation claims?
2. Does Arizona have an interest in exercising special personal
jurisdiction over a non-resident
for a defamation claim under Indonesian law?
December 22, 2005 . . . . . . . . . . . . . . . .
CV 04-0819 . . . . . .Stop v. Jones
Is a municipal ordinance setting utility rates an administrative or legislative
act which
would subject it to referendum?
December 6, 2005 . . . . . . . . . . . . . . . .
CV 04-0413 . . . . . Davis v. Zlatos
Did certain transfers of cash and property by an elderly person violate
Arizona’s Adult Protective Services Act?
October 27, 2005 . . . . . . . . . . . . . . .
CV 04-0048 . . . . . . . . . . . Jeter v. Mayo Clinic
1. Are cryopreserved pre-embryos “persons” for purposes of Arizona’s wrongful
death statutes.
2. Does Arizona recognize a cause of action for negligent loss or destruction of
cryopreserved pre-embyros.
3. Does the Medical Malpractice Act bar claims for breach of fiduciary duty
related to the loss of cryopreserved pre-embryos?
4. Did the plaintiffs sufficiently allege a breach of a bailment agreement?
October 18, 2005 . .. . . . . . . . . . . . . CV
04-0061 . . . . . . .. . . . . AZ Minority v. AZ Indep. Redistricting
1. Did the trial court apply the correct standard of review and correctly
interpret the Arizona Constitution in deciding that the legislative
redistricting plan crafted by the Independent Redistricting Commission violated
the constitution?
2. Did the trial court correctly enter summary judgment in favor of the
Independent Redistricting Commission on the Navajo Nation's challenge to the
congressional redistricting plan?
September 27, 2005 . . . . . . . . . . . . . . . . .
CV 04-0576 . . . . . . . . . . . . . . . Harrington v. Pulte Home Corp.
1. May an arbitration clause in a contract of adhesion be upheld if it
does not explicitly or conspicuously refer to a waiver of jury trial rights?
2. Must there be a “knowing, intelligent, and voluntary” waiver of a
jury trial for an arbitration clause to be upheld?
3. Does the arbitration clause in this contract violate appellees’
reasonable expectations or the doctrine of substantive unconscionability?
September 22, 2005 . . . . . . . . . . . . . . . . .
CV 04-0775 . . . . . . . . . . . . .Villalpando v. Regan (Mesa)
Did the Scottsdale City Prosecutor’s recommendation of the Mesa City Prosecutor
as a substitute counsel violate the defendant’s right to procedural due process
or gave rise to an impermissible appearance of impropriety when the Scottsdale
prosecutor had a conflict of interest because the defendant was employed by his
office?
September 20, 2005 . . . . . . . . . . . . . . CV
02-0701 . . . . . . . . Joffe v. Acacia
The Telephone Consumer Protection Act of 1991 prohibits the use of "any
automatic dialing system" to make "any call" to "any telephone number assigned
to a . . . cellular telephone service."
47 U.S.C. § 227(b)(1)(a)(iii). The issue
presented in this case is whether this prohibition applies
to computer generated commercial telemarketing advertisements delivered to a
cellular telephone
as Internet-to-phone Short Message Service text messages.
September 13, 2005 . . . . . . . . . . . . . CV
03-0810 . . . . . . . . . National v. Marlyn
1. Is the ten-day notice required for depositions calendar
days or business days?
2. May a party ignore an order of the court and later object to sanctions, arguing that the order was defective?
3. Was the trial court’s exclusion of the testimony of two witnesses an appropriate sanction?
4. Applying Rule 54(b), may a trial court
award attorneys’ fees after judgment has been entered?
August 30, 2005 . . . . . . . . .. . . . . .
.CV 04-0491 . . . . . . . . . Phelps Dodge v. ADWR
Can the Arizona Department of Water Resources issue a permit for in situ use of
streams amounting to an appropriation of water rights without requiring a
diversion of the water?
August 23, 2005 . . . . . . . . . . . . . . .
CV 04-0237 . . . . . . . . Brebaugh v. Deane
1. Can stock options received during marriage which do not vest until after
service of process be separate property?
2. Is there a single formula to use to divide unvested options?
August 18, 2005 . . . . . . . . . . . . . . . . CV
04-0507 . . . . . . . . Mobile Community v. Maricopa County
Is the two-thirds majority vote requirement of A.R.S. § 11-824 satisfied by a
three-to-one vote when one member of the board of supervisors is disqualified
from voting?
August 18, 2005 . . . . . . . . . . . . . . . CV
04-0377 . . . . . . . . . Kohler v. Kohler
1. In dividing community property upon dissolution of marriage, did the
trial court abuse its discretion in declining to subtract the costs of sale of
the marital residence from the share of equity assigned to the spouse not
awarded the residence?
2:. Was husband entitled under Kelly v. Kelly, 198 Ariz. 307, 9 P.3d 1046
(2000), to an exemption of a portion of his retirement plan contributions from
division as community property when these contributions were made in lieu of
contributions to Social Security and wife used community funds during marriage
to contribute to Social Security?
August 18, 2005 . . . . . . . . . . . . . . . .
CV 03-0717 . . . . . . . Urias v. PCS Health Systems
After an insurer was placed into receivership, could another company retain
funds owed to the insurer as an offset against the indebtedness the insurer owed
to the other company, under A.R.S. §§ 20-638, which authorizes the setoff of
"mutual debts"?
June 30, 2005 . . . . . . . . . . . . . . . . .
. CV 04-0815 . . . . .. . . . . . . . . Ottaway v. Phoenix
Is
a defendant charged with interfering with a judicial
proceeding in violation of A.R.S. § 13-2810(A)(2) entitled to a jury trial?
June 28, 2005 . . . . . . . . . . . . . . . . . . . CV 03-0609 . .
.. . . . . . . . .. . .
Double AA v. Grand State
1. May the doctrine of promissory estoppel apply in Arizona to
a bid submitted by a construction subcontractor to a general contractor?
2. To determine if an agreement for the provision of
goods and services comes within the statute of frauds regarding sales of goods,
A.R.S. § 44-101(4), must a court evaluate the predominant purpose and nature of
the transaction?
3. Is A.R.S. § 12-341.01(A) applicable to support an
award of attorneys' fees in a promissory estoppel claim?
June 23, 2005 . . . . . . . . . . . . . . . . . . . . . CV 04-0687 . . . .
. . . . Salerno v. Espinoza
Is a deputy clerk of the Superior Court of Arizona considered a state
employee for purposes of complying with the requirements found in A.R.S. §
12-821.01?
May 19, 2005 . . . . . . . . . . . . . . . . . . . . .
CV 04-0452 . . . . . . . . . State v. Jackson
Pursuant to A.R.S. § 13-4311(G), must a claimant under Arizona’s forfeiture
statute file an answer to a complaint if the claimant previously filed a timely
claim?
May 12, 2005 . . . . . . . . . . . . . . . . . . .
. . CV 04-0268 . . . . . . . . . . . Primary Consultants v. Purcell
1.
Does A.R.S. § 16-168 create an independent scheme for access to voter
registration information, or do such records remain public records under the
purview of the public records statutes, A.R.S. §§ 39-101 to -161?
2. Is a request for "copies of all requests for voter records" a request for voter records subject to the restrictions of § 16-168, or a request for a standard public record, the disclosure of which is governed by §§ 39-121.01, -121.02, -121.03?
3. Does a political consulting firm’s request for voter records fall within the "commercial purpose" prohibition under § 39-121.03(D), or is it a request for a politically related activity expressly authorized by § 16-168(E)?
May 3, 2005 . . . . . . . . . . . . . . . . . . . . . CV 03-0605 . .
. . . . . . . . Baker v. Rolnick
Is a prisoner in a state correctional institution required to exhaust
ADOC’s administrative grievance procedures before filing claims in superior
court seeking relief under federal law, including § 1983 claims?
April 19, 2005 . . . . . . . . . . . . . . . . .
. . CV 03-0650 . . . . . . . . Fearnow v. Ridenour
When a shareholder’s agreement is unenforceable as an unethical restraint on the
client’s right to choose his or her attorney, can the withdrawing shareholder
attorney require that the law firm pay the fair market value of his stock
pursuant to the Arizona Professional Corporations Act?
April 7, 2005 . . . . . . . . . . . . . . . . . . . .
. . . CV 02-0656 . . . . . . . . Johnson v. Earnhardt
For purposes of the Magnuson-Moss Act does a dealer “enter into” a service
contract with the purchaser of a used automobile, if the dealer agrees to
perform the service described in the service contract for the automobile
purchase even if that service contract is with a third party?
March 31, 2005 . . . . . . . . . . . . . . . . . . . .
. CV 04-0315 . . . . . . . . . . Day v. AHCCCS
Are guardian and conservator fees counted as “medical expenses” in calculating
coverage for long-term care?
March 31, 2005 . . . . . . . . . . . . . . . . . . . .
. . CV 04-0272 . . . . . . . . . .Jung v. Jung
Must a witness to a testamentary document sign the document before the testator
has died?
March 29, 2005 . . . . . . . . . . . . . . . . . . . .
. . CV 04-0124 . . . . . . . . Lamparella v. Lamparella
1. Is A.R.S. § 25-318(B) applicable when a dissolution decree effectuates an
explicit property
settlement agreement?
2. If a divorced spouse wishes to redesignate the former spouse as the
beneficiary under a revocable
appointment of property made by the divorced
spouse before dissolution, must the redesignation be in
writing?
March 24, 2005 . . . . . . . . . . . . . . . . . . . .
. CV 04-0168 . . . . . . . . . . . Stapert v. Az. Bd. of Psy. Ex.
Does the Arizona Board of Psychologist Examiners have discretion, pursuant to
A.A.C. R4-26-308(A) and A.R.S. Section 41-1092.09(B), to waive the timeliness
requirement for a motion for reconsideration?
March 24, 2005 . . . . . . . . . . . . . . . . . . . .
. CV 04-0117 . . . . . . . . . . . . Smethers v. Campion
In a medical malpractice case, may an expert witness offering an opinion on
compliance with the applicable standard of care be cross-examined concerning
that expert's "personal practice" in regard to the evaluation, diagnosis and/or
treatment of the medical condition or disease at issue in the case?
March 10, 2005 . . . . . . . . . . . . . . . . . .
. CV 04-0438 . . . . . . . . . . . Espinoza v. Schulenburg
Does the fireman’s rule bar recovery under the rescue doctrine for an off-duty
firefighter/EMT who voluntarily renders assistance at an accident scene and is
injured?
March 8, 2005 . . . . . . . . . . . . . . . . . .
. . CV 04-0022 . . . . . . . . . McHale v. McHale
Where the parties to an Arizona divorce have relocated to other states, does
A.R.S. § 25-626 allow the Arizona superior court to retain jurisdiction to later
modify the support order entered along with the divorce decree?
March 3, 2003 . . . . . . . . . . . . . . .
. . . . . . .CV 03-0678 . . . . . . . Hutto v. Francisco
1. Is a state tort claim for failure to maintain vehicle
safety belts preempted by federal law?
2. Does a plaintiff present a triable negligence claim by showing that the
vehicle owner failed to reinstall seat belts that the vehicle manufacturer had
installed, but a prior owner had removed?
February 24, 2005 . . . . . . . . . . . . . . . . . . CV 04-0121 . . . . .
. . Parrot v. Daimlerchrysler Corp.
Does a lessee qualify as a "consumer" under prongs two and three of the
definition of "consumer" in the Magnuson-Moss Warranty Act and Arizona's Lemon
Law?
February 22, 2005 . . . . . . . . . . . . . . . . . .
.CV 04-0079 . . . . . . . . . . . Grand Canyon v. Ariz. Corp. Comm.
1. May the Corporation Commission consider the need for
wholesale power in conducting the statutory balancing of need for power with the
desire to minimize environmental impacts specified by A.R.S. § 40-360.07(B)?
2. May a party that intervenes to defend
government agency action qualify for an attorneys’ fees award pursuant to A.R.S.
§ 12-348?
February 17, 2005 . . . . . . . . . . . . . . . . . .
CV 03-0512 . . . . . . . . . . . . .State v. Gravano
Did the in personam civil forfeiture violate either the Double Jeopardy
Clause of the United States Constitution,
the Excessive Fines clause of the United States Constitution, or the "forfeiture
of estate" provision of the
Arizona Constitution?
January 25, 2005 . . . . . . . . . . . . . . .
. . . . CV 03-0143 . . . . . . . . . . . . Hayden v. Pegasus
Can plaintiff, an assignee, bring a suit for breach of the implied warranty of
good workmanship for construction defects in a commercial building?
January 13, 2005 . . . . . . . . . . . . . . .
. . . . CV 03-0727 . . . . . . . . . . . Cook v. Cook
1. In determining the
validity of an out-of-state marriage that is expressly prohibited by A.R.S. §§
25-101 and -112, does one apply the law from the state where the marriage was
celebrated or the law of the state of Arizona?
2. Can a marriage recognized in Arizona become a vested
right under the Arizona constitution?
3. Do A.R.S. §§ 25-101 and -112 apply retroactively to
marriages that have vested in Arizona prior to the enactment of the 1996
amendments that declare certain marriages void and prohibited?
January 11, 2005 . . . . . . . . . . . . . . . . . . .
CV 04-0097 . . . . . . . . . . . Alley v. Stevens
1. How is interest calculated on late child support installments?
2. How do you apply child support arrearage payments to the outstanding interest
and principal?
December 23, 2004 . . . . . . . . . . . .
. . . . . CV 03-0722 . . . . . . . . . . . Nelson v. Grayhawk
Is a negligent contractor or developer relieved of liability for its own
negligence in improving or maintaining a roadway just because a municipality also
has separate, non-delegable duty to keep the roadway?
November 30, 2004 . . . . . . . . . . . . . . . . . CV
04-0175 . . . . . . . . . United Effort v. Holm
What is the extent of a trial court’s jurisdiction to resolve issues of the
existence of a life estate and unjust enrichment in a forcible detainer action?
September 7, 2004 . . . . . . . . . . . . .
. CV 03-0700 . . . . . . . . . . . DeSilva v. Baker
Are probation officers absolutely immune from liability for filing
petitions to revoke probation status?
August 31, 2004 . . . . . . . . . . . . . . . .
. CV 03-0561 . . . . . . . . . . . . . Pargman v. Vickers
May an amended complaint naming a decedent’s estate relate back to the date of
the original complaint, which, by mistake, named only the decedent as the
defendant?
August 31, 2004 . . . . . . . . . . . .
CV 03-0001 . . . . . . . . . . Western Corrections Group v. Tierney
1. Did the trial court properly rule that a "project expediter" agreement
entered with LaPaz County did not involve professional services.
2. Did the court correctly rule that LaPaz County was not equitably estopped
from voiding the project expediter agreement due to a failure to submit the job
for a competitive bid?
3. Did the court correctly rule that the project expediter was not entitled to
recover the reasonable value of its services under the doctrine of quantum
meruit?
August 31, 2004 . . . . . . . . . . . . . . .
CV 03-0490 . . . . . . . . Schoneberger v. Oelze
May arbitration provisions in trust instruments be enforced against trust
beneficiaries who sued the trustors and trustees?
August 26, 2004 . . . . . . . . . . . CV
03-0589 . . . . . . . . . . . . . . Fuentes v. Fuentes
Is one-half of an obligor’s income shielded from orders of support by A.R.S. §
33-1131?
August 19, 2004 . . . . . . . . . . CV 03-0518 . . . .
. . . . State v. Phoenix Union High School District No. 210
Do the retirement plans that the Phoenix Union High School District offers its
teachers discriminate on the basis of age?
August 19, 2004 . . . . . . . . . . .CV 03-0310 . . .
. . . . . . . . Premium Cigars v. Farmer-Butler-Leavitt Insurance
May professional-negligence claims against insurance agents, sounding in tort,
be assigned to third parties?
August 12, 2004 . . . . . . . . . . . . . . . . . .CV 03-0258 . . . . . . . . .
. . . . . . Birt v. Birt
Should a trial court vacate a dissolution decree to permit a spouse to seek a
change in the allocation of property and child support and to seek maintenance
where the other spouse file bankruptcy to avoid paying his share of the
community debts allocated to him?
August 3, 2004 . . . . . . . . . . . . . . . ..
. . CV 03-0074 . . . . . . . . . . . . . Lincoln v. Maricopa County
1. Did the trial court err by applying a “doctor-bill
assumption” that non-hospital charges equal a fixed percentage of hospital
charges in order to “spend-down” patients’ excess income and allow them to
qualify as indigents under A.R.S. § 11-297(B) (1997) (repealed by 2001 Ariz.
Sess. Laws, ch. 344, § 12)?
2. Did the trial court err by concluding the Hospitals’
administrative claims for reimbursement sufficiently complied with the
requirements of A.R.S. § 11-622 (2002)?
3. Did the trial court make unsupported findings
regarding each patient’s indigent status and residency, and inappropriately
include medical expenses already satisfied by third parties in calculating the
reimbursement amount?
4. Did the trial court err in construing §
11-291.01(A) as precluding the County from reducing its eligibility standards,
services or benefit levels from those in effect on January 1, 1981?
5. Did the trial court err by admitting certain expert
testimony and various exhibit summaries?
6. Did the trial court err by determining the Hospitals’
claims were unliquidated and therefore refusing to award them prejudgment
interest?
7. Did the trial court err by determining the Hospitals were
not entitled to attorneys’ fees because their lawsuit was not a mandamus action
pursuant to A.R.S. § 12-2030 (2002)?
July 27, 2003 . . . . . . . . . . . . . . . . .
. . CV 03-0645 . . . . . . . . . . . . . California v. American
Is an insured entitled to liability coverage for injuries incurred by a dog bite
where the injury occurred in connection with a premises other than the insured
premises?
July 8, 2004 . . . . . . . . . . . . . . . . .
. CV 03-0248 . . . . . . . . . . . . . . . Ry-Tan v. Washington
Elem. Sch. Dist.
1. Did the trial court err in finding that, as a matter
of law, an enforceable contract had been formed after a School District Board
voted to award the contract, but before the formal contract documents had been
signed or a formal Notice to Proceed had been issued?
2. Did the trial court err in determining that the
procedures outlined in the Arizona education procurement rules for submitting a
claim controlled over the requirements set forth in A.R.S. section 12-821.01
(the general claims statute for submitting a claim against a governmental
entity), or in the alternative, finding that the School District, by failing to
raise the defense until two years into the litigation, had either waived or was
estopped to raise such statutory defense?
3. Did the trial court err in holding that, based upon
public policy and under the circumstances of this case, the School District
could not assert a "constructive termination for convenience"
defense"?
4. Did the trial court err in determining that, as a matter of
law, certain conduct by the contractor did not constitute a material breach of
the contract, and at the same time, holding that questions of fact preclude the
entry of partial summary judgment as to whether other types of conduct by the
contractor constituted a material breach, thereby submitting those issues to the
jury for its determination?
5. Did the trial court abuse its discretion in utilizing a
modified RAJI instruction on material breach and in refusing to give an
instruction on the same issue proffered by the School District?
6. Did the trial court abuse its discretion in excluding
certain evidence arising out of a a previous contract experience between the
School District and the contractor?
7. Did the trial court commit error in the manner in which it
calculated prejudgment interest as part of the final judgment in this case?
June 29, 2004 . . . . . . . . . . . . . . . . .
. CV 03-0051 . . . . . . . . . . . . . Long v. City of Glendale
Can constructive knowledge of a municipal decision made at an open
meeting be imputed to the public sufficient to cause a person's claim against a
municipality to accrue on the date of the open meeting pursuant to A.R.S. §
12-821.01(B)?
June 29, 2004 . . . . . . . . . . . . . . . . .
. CV 03-0302 . . . . . . . . . . Thomas v. City of Phoenix
1. Does the Uniform Building Code require a restaurant
to lower the height of a portion of its bar for disabled access?
2. Did the City act arbitrarily or abuse its discretion
by denying a modification of the bar height requirement?
June 24, 2004 . . . . . . . . . . . . . . . . .
CV 03-0384 . . . . . . . . . . . . . . Clay v. Clay
Is a disabled non-custodial parent entitled to a credit toward his/her
child support obligation equal to the amount of dependency benefits paid
by Social Security to the child?
June 17, 2004. . . . . . . . . . . . . . .
. CV 02-0208/0780 . . . . . . . . . Schalkenbach v. Lincoln
Do potential beneficiaries have either common-law standing or standing
under the probate code to enforce a charitable trust when the trust is not
limited to a small class of beneficiaries, they are not named in the trust, and
have no property interest in the trust, but are only potential beneficiaries
dependent on the decisions of the Foundation which administers the trust?
June 8, 2004 . . . . . . . . . . . . . . . . .
. CV 03-0627 . . . . . . . . . . . . JLF v. AHCCCS
When medical evidence is to the contrary, is a health insurance carrier
required by law to provide a woman additional surgery because she believes that
prior surgeries have not resulted in the symmetrical appearance of her breasts?
June 8, 2004 . . . . . . . . . . . . . . . . .
. CV 03-0360 . . . . . . . . . . Case Corp. v. Gehrke
If a secured party holds a security interest in the proceeds of sale,
does that security interest sufficiently identify money proceeds so that a cause
of action for conversion of the money exists?
June 8, 2004 . . . . . . . . . . . . . . . .
. . CV 03-0036 . . . . . . . . . . . State v. Hayden
Can the State seek to recover child support arrearages through an
administrative proceeding when the applicable statute of limitations to recover
on a judgment through a court proceeding has expired?
June 1, 2004 .. . . . . . . . . . . . . . . . CV
03-0233 . . . .
. . . . . . . . Bennett v. Brownlow
Can the county require that sponsors of arts and crafts festivals at the
Prescott Courthouse Plaza be non-profit organizations?
May 25, 2004 . .. . . . . . . . . . .
. . . CV 03-0184 . . . . . . . . . Riepe v. Riepe
Can the superior court award in loco parentis visitation to a widowed
stepmother pursuant to A.R.S. section 25-415(C) (2000) when the stepchild enjoyed
good relationships with both legal parents before the father's death and the
child is currently parented by his legal mother?
May 18, 2004 . . . . . . . . . . . . .
. CV 03-0535 . . . . . . . . . . Merlina v. Scottsdale
1. Is the State barred by Criminal Rule 13.2(c) from expressly
charging both DUI with a .08 BAC and DUI with a .15 BAC?
2. Is such a charge multiplicitous?
3. Is proceeding on such a charge reversible error because the
charge is unfairly prejudicial or constitutes double jeopardy?
May 6, 2004 . . . . . . . . . . . . .
. . . CV 03-0458 . . . . . . . . . Daystar v. Maricopa
May a country treasurer question the propriety of a tax lien foreclosure
judgment directing him to issue a deed to the holder of the tax lien when the
statutory prerequisite for entry of such a judgment are in question?
April 29, 2004 . . . . . . . . . . . .
. . . . CV 02-0650 . . . . Lemons v. Showcase Motors, Inc.
Whether the trial court properly granted summary judgment on a claim of
breach of the
implied warranty of merchantability under the Magnuson-Moss Warranty Act, 15
U.S.C.
§ 2301-12, et seq. and properly awarded attorneys' fees.
April 29, 2004 . . . . . . . . . . . .
. . . . CV 01-0611 . . . . . . . . Waddell v. Titan
Is an insurer that defends its insured but is accused of breaching its duty
to give equal
consideration to its own and its insured's interests in settlement entitled to a
reasonableness
hearing following a default agreement between its insured and the tort
plaintiffs?
In evaluating the reasonableness of the default agreement between the
insured and the tort
plaintiffs, is it the default agreement itself or the resulting judgment against
the insured that
is tested for reasonableness?
If the insurer intervenes after default but prior to the damages hearing,
may the trial court
convert the damages hearing into a reasonableness hearing upon the request of
the insurer?
When the insurer tests the reasonableness of a default agreement and
resulting judgment, is
the insurer entitled to present liability and comparative fault evidence?
April 29, 2004 . . . . . . . . . . . .
. . . . .CV 03-0232 . . . . . . . . .Morgan V. Carillon
When a party is dissatisfied with an arbitration result and seeks judicial
review, must that party's
application to set aside or vacate the award be filed within the 90 day
limitation set forth in
A.R.S. § 12-1513(A)?
April 29, 2004 . . . . . . . . . . . .
. . . . . CV 03-0324 . . . . . . . . Reinke v. Alliance
May a person hold legal title to an automobile even though he has neither
applied for nor received
a certificate of title issued in his name from the Motor Vehicle Division of the
Arizona Department
of Transportation?
April 22, 2004 . . . . . . . . . . . .
. . . . . . CV 02-0710 . . . . . . . . Maycock v. Asilomar
For the purpose of determining, under the construction statute of repose,
whether the extension of time authorized in A.R.S. § 12-552(B) will allow the
filing an an action beyond eight years, is the knowledge of the initial
homeowner imputed to the current homeowner?
April 22, 2004 . . . . . . . . . . . . . . . . CV 03-0290 . . . . . . . .
. Jangula v. Property
When the Arizona Property & Casualty Insurance Guaranty Fund is defending
a negligent driver in an
accident claim because the driver's insurer is insolvent, is the Fund entitled
to an offset under A.R.S. § 20-673(C) for the amount the claimant received from
her own underinsured motorist coverage?
April 20, 2004 . . . . . . . . .
. . . . . . . CV 03-0620 . . . . . . . . . . . . . State v. Oppido
Does the requirement to spend at least fifteen consecutive days in jail
before being eligible for home detention apply to a person whose sentence for
extreme DUI has been suspended pursuant to A.R.S. § 28-1382(E)?
April 6, 2004 . . . . . . . . . . . .
. . . . . CV 03-0309 . . . . . . . . . . . . . Redelsperger v. City of Avondale
Is the approval of a conditional use permit a legislative act subject to the
referendum power reserved to the citizens of a municipal corporation under Article
4, part 1, Section 1(8), of the Arizona Constitution?
April 1, 2004 . . . . . . . . . . . .
. . . . . . CV 03-0412 . . . . . . . . . . . . Barrett v. Harris
Did the trial court err by granting a motion for judgment as a matter of law
on two of plaintiffs' theories in this medical malpractice case because the
evidence did not, in the court's view, sufficiently demonstrate that the
defendant doctor's challenged act and omission proximately caused the death of
plaintiffs' daughter?
March 30, 2004 . . . . . . . . . . . .
. . . . . . CV 02-0353 ... . . . . . . . . . . Molet v. Pierce
When A.R.S. § 14-3720 authorizes reimbursement from the estate to the personal
representative of attorneys' fees incurred in litigation, whether successful or
not, conditioned only on the personal representative having acted in "good
faith," is reimbursement also conditioned on the litigation being
classified as a "benefit to the estate?"
March 30, 2004 . . . . . . . . . . . . . . . . . . CV 02-0031 . . .
.. . . . . . . Burke v. Voicestream
1. Is a non-waiver provision in deed restrictions
enforceable to avoid a waiver when several subdivision homeowners have violated
the deed restrictions?
2. In a consideration of the relative hardships, does a
landowner who is aware of deed restrictions and of several neighbors' objections
to a proposed structure based on the deed restrictions bear the risk of
proceeding with construction, in comparison to a neighboring homeowner who does
not file suit to enforce the deed restrictions until construction has already
begun?
March 25, 2004 . . . . . . . . . . . .
. . . . . . .CV 02-0810 . . . . . . . . . . . City of Phoenix v. PERB
May the City of Phoenix Employment Relations Board consider unfair labor
practices charges filed by employees who have sought review of discipline by the
Civil Service Board?
March 25, 2004 . . . . . . . . . . . . . . . . . CV 03-0056 . . . . . . .
. . . . . Martineau/Reyes v. Maricopa County
In an action brought against a governmental entity to challenge the validity
of a policy promulgated by that
entity, where monetary damages are not claimed, are the plaintiffs required to
comply with Arizona's public
entity and county claim notice statutes (A.R.S. §§ 12-821.01 and 11-622(A)) as
a prerequisite to
maintaining their action for declaratory relief?
February 12, 2004 . . . . . . . . . .
. . . . . . CV 03-0147 . . . . . . . . . . . Winters v. AZ Board of
Education
Must a nexus or sufficiently rational connection between the off-campus actions
of a teacher and
his/her fitness to teach be shown before disciplinary action against the teacher
may be taken based on
such acts?
February 3, 2004 . . . . . . . . . . .
. . . . . CV 02-0736 . . . . . . . Speros v. Yu
Should title to an abandoned roadway within a subdivision be divided
between
the abutting landowners or given to the current owner of the lot that originally
included the
roadway land?
January 29, 2004 . . . . . . . . . .
.CV 03-0404 . . . . . . . . . Phelps v. Firebird
Does Article 18, section 5 of the Arizona Constitution mandate that the
enforceability
and validity of an express release agreement is a question of fact for the jury
and not
to be decided by the court as a matter of law?
January 29, 2004. . . . . . . . . . . CV 02-0520 . . . . . . . .
. .Pence v. Glacy
Is a defendant liable for statutory damages under A.R.S. § 33-420(A) (2000)
for recording
a deed of trust in the office of the county recorder not knowing or having
reason to know
that the document is ineffective as a lien on community real property?
January 29, 2004 . . . . . . . . CV 03-0270 . . . . . . . . . . . . Raven Rock
v. Board
Does the Maricopa County Board of Supervisors have the authority to create
reasonable
procedural regulations to determine which properties qualify for the exemption
from county
ordinances as provided in A.R.S. § 11-380?
Was Raven Rock required to file for an exemption from Maricopa County Zoning
Ordinance
Section 1304 prohibiting the parking of "non-accessory vehicles" in a
residential district?
January 27, 2004 . . . . . . CV
03-0380 . . . . Derendal v. Phoenix City Prosecutor's Office
Is drag racing a jury eligible offense?
January 27, 2004 . . . . . . . . . . .
. . . .CV 03-0123 . . . Schwab v. Ames Construction
Where a party has failed to respond to a motion for summary judgment, may
the trial
court summarily grant the motion, even where the moving party is not, based upon
the
record, entitled to judgment as a matter of law?
January 27, 2004 . . . . . . . . . .CV
02-0661 . . . . . . . . . . . . . .Safeway v. Guerrero
As a matter of law, are lawyers immune from suit for intentional
interference with contractual
relations?
As a matter of law, can there be a claim for intentional interference with
contractual relations
when the interference was made to effectuate a Damron/Morris agreement
but constitutes
conduct allegedly outside the permissible boundaries for such agreements?
January 27, 2004 . . . . . . . . .CV
01-0068 . . .Phelps Dodge et al. v. Az. Corp. Comm'n
In a competitive electricity generation market, does Article 15, Section 14
of the Arizona Constitution
require the Commission to determine the fair value of Arizona property owned by
competitive public
service corporations and consider that determination in establishing just and
reasonable rates?
Does the Commission violate its duty under Article 15, Section 3 of the
constitution to set just and
reasonable rates by setting a range of rates rather than a single rate?
Does the Commission violate its duties under Article 15, Sections 3 and 14
by allowing competitive
market forces to exclusively determine rates that are "just and
reasonable"?
Did the Commission lack constitutional or legislative authority to
promulgate certain rules governing
competition in the electricity generation market?
Was the Commission required by the APA, A.R.S. § 41-1044(B) to submit
certain rules to the attorney
general for review and certification?
Do Article 15, Sections 2 and 3 of the Arizona Constitution limit the
Commission's authority to treat
public service corporations differently?
Are the Cooperatives' discrimination claims under Article 15, Section 12 and
A.R.S. § 40-334 ripe
for review?
Does Article 15, Section 7 of the Arizona Constitution confer property
rights on public service
corporations that undertake the task of selling electricity and, if so, are
these rights protected by the
contract clause of the Arizona Constitution?
Does the introduction of competition in the electricity generation market
impair any contract rights
existing for the Cooperatives?
Does the stranded costs provision of Commission rules governing competition
improperly supplant
the taking mechanism established by Article 2, Section 17 of the Arizona
Constitution?
Do provisions in the Commission's rules governing competition that require
monopolistic utilities
to submit codes of conduct that adopt policies to eliminate joint marketing with
competitive affiliates
violate the Cooperatives' free commercial speech rights under the federal and
state constitutions?
Does A.R.S. § 40-254 authorize the superior court to affirm a Commission
decision in part, reverse
it in part, and/or remand to the Commission, whether or not the complaining
party requests this
relief?
Are the Cooperatives entitled to an award of attorneys' fees in the superior
court pursuant to A.R.S.
§ 12-348 for prevailing on the merits in their challenges to the decisions
adopting rules and issuing
CC&Ns?
Did the superior court abuse its discretion by refusing to adjust upward the
statutory maximum
hourly attorneys' fee rate prescribed by A.R.S. § 12-348?
January 22, 2004 . . . . . . . . . CV
03-0262 . . . Smith v. Arizona Long Term Care System
Are liability insurance proceeds as yet unpaid considered a resource
available to a plaintiff as of
the accident date, which is the date of the resource assessment?
January 8, 2004 . . . . .
. . . . . . . .. . . CV 03-0199 . . . . . . . . . Magee v. Magee
Did the legislature intend that, in order to be eligible for consideration
for an award of attorneys' fees under A.R.S. § 25-324, the applicant must show
that he or she is actually unable to pay his or her own fees?
December 31, 2003 . . . . . . . . . .
. . CV 03-0226 . . . . . . . . . . Bentivegna v. Powers Steel & Wire
1. Does filing a complaint with the Registrar of Contractors
bar a plaintiff from filing a breach of contract
action in superior court?
2. Does A.R.S. § 32-1153 provide for automatic restitution by
an unlicensed contractor?
December 9, 2003 . . . . . . . . . . . .. . CV
02-0421 . . . . . . . . . Wolfinger v. Cheche
Does surviving a motion for summary judgment act as a per se bar to a subsequent
wrongful institution
of civil proceedings claim?
December 4, 2003 . . . . . . . . . . . . . CV 02-0562
. . . . . . . . . . Downs v. Scheffler
Is family court obligated to make specific findings of fact on the
record concerning the factors
relevant to its custody decision when it considers on the merits a custody
petition filed a a person
other than the legal parent?
November 18, 2003 . . . . . . . . .
. CV 02-0363 . . . . . . . . . . . . . . Owen v. Blackhawk
1. Does an order designating one parent as primary residential
parent constitute an order regarding physical custody?
2. Did the trial court err in modifying
physical custody from mother to father and imposing a long-distance parenting
time schedule for mother when father never requested it and when mother never
left Arizona?
November 6, 2003 .. . . . . . .
. . . CV 02-0555 . . . . . . . . . . . . . . . . Douglas v. Governing
May teachers bring a private action for the alleged non-payment of teacher
compensation required by
A.R.S. § 15-952 against school districts that have qualified for additional
monies available through application of the statute?
October 30, 2003 . . . . . . . . . .
.CV 01-0476 . . . . . . . Eastern Vanguard v. Ariz. Corp. Comm'n
1. Does federal law preempt state regulation of the off-exchange
foreign currency trading
transactions at issue here?
2. Does "controlling person" liability pursuant to A.R.S. §
44-1999(B) require actual participation
in the underlying securities violation?
October 14, 2003 . . . . . . . . . . CV
03-0072 . . . . . . . . . Johnson v. Mohave County
1. Is an intergovernmental agreement made pursuant to
A.R.S. §§ 11-932(A), - 933(A) (2001) subject to the public auction requirement
of A.R.S. § 11-256 (2001) or, alternatively, the unanimous consent exception in
A.R.S. § 251(9) (2001)?
2. Did Johnson bring his claim "without substantial
justification," thereby entitling appellees to an award of attorneys' fees
pursuant to A.R.S. § 12-349?
October 2, 2003 . . . . . . . . . . . CV 02-519 . .
. . . . . . . . Decca v. American Auto Ins.
Was an action on a subcontract performance bond time-barred because it was
brought more than
two years after final payment fell due under the subcontract?
October 2, 2003 . . . . . . . . . . CV
02-0375 . . . . . . . . . . . . . .. Lindsay v. Cave Creek Outfitters
1. Does A.R.S. § 12-553 provide an equine owner immunity from
an ordinary negligence claim
when the four prongs of the statute are met?
2. Does A.R.S. § 12-553 violate the anti-abrogation clause
found in Article 18, Section 6, of the
Arizona Constitution?
3. Does A.R.S. § 12-553 violate the equal protection
rights of those equine riders who are injured
and have signed a release of
liability?
Whether plaintiffs presented sufficient evidence to support a finding that
the parties acquiesced to a recognizable boundary.
September 25, 2003...............CV
02-0557.......................................................Martinets v. Pinto
Whether the creator of a trust can modify that trust by means other than
those specified by the trust.
Does the economic loss rule bar a claim against a city and its inspectors for
negligent inspection when
the plaintiff suffered no personal injury or property damage from the
construction defects?
September 9, 2003.................CV
02-0238..................................................State v. R.J. Reynolds
Does the master settlement agreement between R.J. Reynolds and the State of
Arizona limit outdoor
brand name advertising, at each NASCAR site in Arizona, to placement at that
site no more than 90
days before the event begins and require the cessation of advertising no more
than 10 days after the
last day of such event?
August 26, 2003.....................CV
02-0403..........................................Shamrock v. Wagon Wheel
Did a homeowners' association confer mandatory membership status on owners
of lots within an
existing subdivision by recording amended bylaws to that effect?
August 26, 2003.....................CV
01-0438.....................................................Maricopa v. Barfield
Can a health care provider enforce its lien against a tortfeasor's insurer
pursuant to A.R.S. § 33-934?
Does the State Pawnshop Act, A.R.S. §§ 44-1621 through 44-1632, preempt the
City of
Phoenix from assessing a fee for each transaction report a pawnbroker is
required to file with
the city?
August 14, 2003.....................CV
02-0475.....................Roosevelt Elem. School Dist. v. State
Whether the superior court erred in ruling that the State violated Article
XI, Section 1 of the
Arizona Constitution because the Arizona Legislature failed to fully fund the
Building Renewal
Fund according to the formula prescribed in the Students FIRST statutory scheme.
August 14, 2003.....................CV
02-0480.......................................Data Sales v. Diamond Z
Can the signer of a debt guaranty consent in advance to material
modifications to the underlying
contract, thus waiving its right to common law suretyship defenses?
August 12, 2003....................CV
02-0212.................................................Nangle v. Farmers
1. Was the insurer estopped to assert a policy provision limiting the
time to bring a claim when
the insurer was not prejudiced by the delay?
2. Does A.R.S. § 20-1053(A), which requires a standard fire policy,
mandate coverage of a
fire loss to an innocent coinsured?
August 12, 2003....................CV 02-0276....AZ Water v. AZ Dept. Water
Resources/A.C.C.
1. Must the Department of Water Resources, in implementing the Groundwater
Code, create
and impose conservation measures on customers of municipal water providers?
2. When a litigant against the government seeks attorneys' fees in excess
of the seventy-five
dollar per hour cap contained in A.R.S. § 12-348(E)(2), as permitted by that
statute, must
the trial court engage in the normal fact-finding process in order to determine
whether the
litigant has proven the special factors necessary to justify such an
award?
August 5, 2003.....................CV
02-0281.............................................Simms v. Napolitano
Does the Arizona Department of Gaming have the implied power to refuse to allow
an applicant
for gaming certification to withdraw his application?
August 5, 2003.....................CV
02-0642..........................................Moulton v. Napolitano
Whether the plaintiffs were obliged to exhaust their administrative remedies
with the Arizona
Department of Revenue before challenging the constitutionality of the amendment
of the
alternative-fuel vehicle tax scheme and whether they had an independent claim
for disclosure
of certain public records pertaining to the same plan.
July 31, 2003........................CV
02-0635.....................................City of Phoenix v. ADEQ
Do certain state statutory provisions involving issuance and appeal of a
hazardous waste
treatment and storage permit conflict with and are they preempted by federal
legislation
(the Federal Resource Conservation and Recovery Act)? A secondary issue is
whether
the state statutory scheme conflicts with existing administrative rules
applicable to the
Arizona Department of Environmental Quality.
July 31, 2003........................CV
02-0160..........Johnson v. The Pointe Community Association
Are the determinations of a homeowner's association concerning compliance
with its own
restrictive covenants entitled to deference by the superior court?
July 24, 2003........................CV
00-0549...................................American Pepper v. Federal
Must an insurer defending a breach of contract claim asserted for the insurer's
refusal to pay a
claim prove the policy defense of concealment or misrepresentation by clear and
convincing
evidence or by a preponderance of evidence?
June 3, 2003.........................CV
01-0415.......................................Braden v. Yuma County
Do Arizona Revised Statutes sections 11-830 and 11-865 (2001) exempt
farm-worker
housing built on agricultural land from complying with county zoning and
building codes?
June 3, 2003..........................CV
02-0170.......................................Galati v. America West
1. Does the federal Airline Deregulation Act preempt an airline steward's wrongful termination
claim?
2. Did appellant's discharge, assertedly in violation of federal
regulations, violate Arizona public
policy under the Employment Protection Act?
May 6, 2003.........................CV
02-0261 CV 02-0597................................Inmon v. Crane
1. Does the workers' compensation lent employee doctrine provide
immunity under A.R.S.
§ 23-1022(A) to the loaned worker and the worker's general employer when the
loaned
worker commits a tort while working for another employer to which his general
employer has
leased him?
2. Can summary judgment appropriately be granted in favor of a general
employer who
claims that it is not vicariously liable for the torts of its loaned employee,
when there are fact
issues about whether the general employer has surrendered exclusive control over
the loaned
employee's performance of his job functions which gave rise to the injury?
April 29,
2003......................................CV
02-0588.......................Sanderson v. Ford Motor
Does the Arizona statutory scheme governing establishment of automotive
dealerships provide
Sanderson Lincoln Mercury, Inc. standing to object to Ford Motor Company's plan
to establish
a new dealership on a county island within the exterior boundaries of the
incorporated City of
Phoenix?
April 10,
2003......................................CV
02-0497........................................State v. Burton
Does a non-resident parent consent to personal jurisdiction as to all issues
concerning child
support by filing a petition to modify child support and participating in a
hearing on the issue?
April 3,
2003........................................CV
02-0040................................Mezey v. Fioramonti
1. Does the court have jurisdiction over an appeal from a partial judgment
on liability only?
2. Does the court have jurisdiction over a partial judgment imposing a
constructive trust?
3. Does the court have jurisdiction over the denial of a new trial
motion attacking a non-final
judgment?
4. Did the superior court properly enter judgment for plaintiff on her
conversion and fraudulent
conveyance claims?
April 3,
2003........................................CV
02-0428........................Country Mutual v. Hartley
Does A.R.S. § 28-3160 abolish the family purpose doctrine?
April 1,
2003........................................CV
02-0294................................Demko v. State Farm
Whether the principle of underinsured motorist law announced in Duran v.
Hartford Ins. Co.,
160 Ariz. 223, 772 P.2d 577 (1989) (finding an "anti-stacking"
exclusion in a UIM policy to be
enforceable) is still applicable following the supreme court's opinion in Taylor
v. Travelers
Indem. Co. of America, 198 Ariz. 310, 9 P.3d 1049 (2000)?
April 1,
2003........................................CV
00-0467........................Golonka v. General Motors
1. Can a jury consistently reject a strict liability design defect claim
and find a manufacturer liable
for negligent design?
2. Did the trial court err in denying the motion for JMOL on the causation
issue?
3. Does Arizona continue to recognize the "heeding presumption"
in information defect cases?
4. Did the trial court properly apply the heeding presumption in this
case?
March 27, 2003.........................CV
01-0532 CV 02-0410 ........................Himes v. Safeway
What is the standard and burden of proof in determining the extent to which a
Damron/Morris agreement is reasonable and enforceable against an insurer?
March 20, 2003...................................CV
01-0517...................American Family v. White
The questions are whether, in a homeowner's insurance policy, an exclusion
that denies coverage
for injury arising out of "violation of any criminal law for which any
insured is convicted" is
a) ambiguous, b) contrary to public policy, c) inapplicable to unintentional
crimes, d) contrary to
reasonable expectations, or e) inapplicable to unconvicted co-insureds because
the policy's
"severability" clause provides, "This insurance applies
separately to each insured."
March 6,
2003.....................................CV02-0199....................American
Casualty v. Withers
Can a general contractor be a claimant on a payment bond under which it is
also the obligee?
February 25, 2003...............................
CV 02-0328 .............................. Stanley v. McCarver
Does a radiologist, to whom a person is referred, but not by a healthcare
provider, who detects a
medical condition for which further inquiry or treatment is appropriate,
have a duty to inform that
person?
February 25, 2003 ..............................
CV 02-0016 ............................ Petersen v. City of Mesa
1. Does Article 2, Section 8 of the Arizona Constitution provide more
extensive protection against
a random, g