AZAPP RSS FeedAZAPP BLOG Articles en-us http://sp02.firmseek.com/client/azapp2/www/ Sat, 17 May 2008 15:08:41 EDT Sat, 17 May 2008 15:08:41 EDT Acts of Part Performance Must Be “Unequivocally Referable” to an Alleged Oral Agreement to Exempt the Agreement From the Statute of Frauds http://sp02.firmseek.com/client/azapp2/www/post-1518.html A.R.S. § 12-820.02 Provides Immunity to Public Entities for Negligently Granting Approvals, but Not for Negligently Providing Information http://sp02.firmseek.com/client/azapp2/www/post-1517.html Anti-Marital Fact Privilege Under A.R.S. § 12-2231 Applies in Proceedings for Court-Ordered Treatment Initiated by Petition Filed Pursuant to A.R.S. § 36-533. http://sp02.firmseek.com/client/azapp2/www/post-1516.html Notice of Claim Setting Forth a Specific Amount for Which a Claim Can Be Settled Must Precede Any Legal Claim Against a Public Entity, Including Class Actions. http://sp02.firmseek.com/client/azapp2/www/post-1515.html Mail Delivery Rule Applies to the Filing of Notices of Claim Under A.R.S. § 12-821.01. http://sp02.firmseek.com/client/azapp2/www/post-1514.html The Act Of Drag Racing Does Not Automatically Constitute An Intentional Tort For Purposes Of “Acting In Concert” And Joint Liability Under A.R.S. § 12-2506(D)(1). http://sp02.firmseek.com/client/azapp2/www/post-1513.html Court Reaffirms State Land Commissioner’s Appraisal Powers and Upholds Commissioner’s Appraisal Method In Connection with . http://sp02.firmseek.com/client/azapp2/www/post-1512.html Arizona Supreme Court Minutes http://sp02.firmseek.com/client/azapp2/www/post-1511.html Corporate Principal is Not Personally Liable For Aiding And Abetting Fraudulent Transfer from Defendant Corporation http://sp02.firmseek.com/client/azapp2/www/post-1510.html News Coverage http://sp02.firmseek.com/client/azapp2/www/post-1509.html Redistricting Commission’s Congressional and Legislative Plan Does Not Violate the Arizona Constitution. http://sp02.firmseek.com/client/azapp2/www/post-1508.html A Subsequent Purchaser Of Commercial Property Can Sue For Breach Of The Implied Warranty Of Workmanship And Habitability Pursuant To An Express Assignment Of That Warranty By The Original Owner. http://sp02.firmseek.com/client/azapp2/www/post-1507.html A Court Must Ensure That a Patient has Voluntarily, Knowingly and Intelligently Waived His Statutory Right to a Hearing to Contest Court-Ordered Mental Health Treatment http://sp02.firmseek.com/client/azapp2/www/post-1506.html Arizona Court of Appeals Division Two Exercises Both Special Action and Appellate Jurisdiction to Resolve Zoning and Use Issues for Billboards in Tuscon. http://sp02.firmseek.com/client/azapp2/www/post-1505.html Corporate Officers Can be Held Personally Liable for Failure to Remit Additional Charges Made to Cover Transaction Privilege Tax Under A.R.S. § 42-5028. http://sp02.firmseek.com/client/azapp2/www/post-1504.html Gunshot Wounds Suffered By Off Duty Police Officer Acting to Save the Life of A Friend Are Compensable Under Worker’s Compensation Benefits. http://sp02.firmseek.com/client/azapp2/www/post-1502.html News Organization Does Not Waive the Reporter-Informant Privilege by Seeking a Declaratory Judgment or Disclosing Some Information About an Informant and That a Trial Court Does Not Violate a Party’s Due Process Rights By Conducting an In Camera Review of http://sp02.firmseek.com/client/azapp2/www/post-1501.html Maricopa County Superintendent Has Sole Statutory Authority Under A.R.S. § 15-308 to Offer Educational Services to Maricopa County’s Homeless Children But Must Work Collaboratively With the County Board of Supervisors If County Monies Are Required. http://sp02.firmseek.com/client/azapp2/www/post-1500.html Division One Implements Subscription Service http://sp02.firmseek.com/client/azapp2/www/post-1499.html First-In-the-Field Doctrine Does Not Require the Arizona Corporation Commission to Award a CC&N to an Existing Utility Company Over a Start-Up Company http://sp02.firmseek.com/client/azapp2/www/post-1498.html Buyer’s Failure to Fund Escrow on Date Called for In Purchase Contract Was Material Breach. http://sp02.firmseek.com/client/azapp2/www/post-1497.html Claimant Who Contracts For The Rights Of The Insured Pursuant To A Morris Agreement May Assert The Insured’s Equitable Estoppel Claims And (2) Insurance Company Was Equitably Estopped From Denying Coverage Because It Waited Eighteen Months To Notify The I http://sp02.firmseek.com/client/azapp2/www/post-1496.html Public Acceptance of a Common Law Dedication of Land May Be Established by General Public Use http://sp02.firmseek.com/client/azapp2/www/post-1495.html Vacates Temporary Orders of the Family Court Issued As Result of Resolution Management Conference Because Orders Addressed Contested Issues of Fact in Violation of Rules of Family Law Procedure http://sp02.firmseek.com/client/azapp2/www/post-1494.html Statutory Valuation Date for Condemned Property Under A.R.S. § 12-1123 Does Not Always Represent the Date of the Taking for Purposes of Determining Just Compensation Under the Fifth Amendment. http://sp02.firmseek.com/client/azapp2/www/post-1493.html A.R.S. § 23-1028 Only Prevents a Workers’ Compensation Claimant from Receiving Those Benefits Obtained Fraudulently, Not All Benefits. http://sp02.firmseek.com/client/azapp2/www/post-1492.html Liquidated Damage Provisions in Cooperative Marketing Association Marketing Agreement Are Enforceable Under A.R.S. § 10-2016(D), Without Regard to Reasonableness or Actual Damages. http://sp02.firmseek.com/client/azapp2/www/post-1491.html For Purposes Of Arizona Rules Of Criminal Procedure 10.2, 10.5(A), And 10.6, The Presiding Judge In Any County With Two Or More Justice Courts Is The Presiding Justice Of The Peace Of That County. http://sp02.firmseek.com/client/azapp2/www/post-1490.html Where Real Property is Transferred by Affidavit of Succession Outside of Formal Probate Pursuant to A.R.S. § 14-3971, a Subsequent Purchaser of the Property Who Relies Upon the Affidavit Takes Title Free and Clear of Any Other Person’s Interest in the Est http://sp02.firmseek.com/client/azapp2/www/post-1488.html Relocating Parent May Move Up to 100 Miles From Her Physical Location With a Child As of the Date of the Court Order or Written Agreement Granting Custody or Parenting Time http://sp02.firmseek.com/client/azapp2/www/post-1486.html Court May Hold a Relocating Parent in Contempt for Failure to Comply with Orders Concerning a Grandparent's Visitation Rights. http://sp02.firmseek.com/client/azapp2/www/post-1487.html Agreement to Arbitrate Does Not Conflict with Elder Abuse Statute, and Is Not Voided by Unavailability of Designated Arbitration Firm. http://sp02.firmseek.com/client/azapp2/www/post-1485.html Salt River Project Agricultural Improvement and Power District v. Miller Park, L.L.C. (2/14/2008): Supreme Court Holds that Rule 68 Sanctions May Be Awarded in Favor of Landowner Based on Offer of Judgment in Condemnation Case http://sp02.firmseek.com/client/azapp2/www/post-1484.html State of Arizona v. City of Kingman (2/14/2008): Division One Holds that City Does Not “Actually Control” a State Roadway For Purposes of Establishing Liability for Failing to Keep It Safe By Merely Offering Design Suggestions. http://sp02.firmseek.com/client/azapp2/www/post-1483.html Employers Mutual Casualty Co. v. DGG & Car, Inc. (2/14/2008): The Supreme Court Holds That a Standard Form Insurance Policy Treats the Loss from a Series of Thefts by a Single Employee as One “Occurrence” of Loss. http://sp02.firmseek.com/client/azapp2/www/post-1482.html Friedman v. Burgess (2/12/2008): Division One Holds Indirect Injury from Court Ruling Does Not Give Standing to Appeal, the Probate Court Cannot Require Heirs to Pay for Investigation of Elder Abuse Claim Unless Claim Was Reported with Malice, and Appella http://sp02.firmseek.com/client/azapp2/www/post-1481.html Phoenix New Times v. Arpaio (2/5/2008): Division One Holds that Sheriff Arpaio Failed to Promptly Furnish Public Records Requested by the New Times, and the New Times May Be Entitled to Recover its Fees and Costs. http://sp02.firmseek.com/client/azapp2/www/post-1480.html Golob v. Arizona Medical Board (2/5/2008):Division One Holds That Doctor Providing Prescriptions Over the Internet Without Examining Patients May Be Disciplined. http://sp02.firmseek.com/client/azapp2/www/post-1479.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1477.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1476.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1475.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1474.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1473.html Tuesday, February 05, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1472.html Friday, January 25, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1458.html Tuesday, January 22, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1459.html Tuesday, January 15, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1462.html Tuesday, January 15, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1461.html Tuesday, January 15, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1460.html Monday, January 14, 2008 http://sp02.firmseek.com/client/azapp2/www/post-1463.html