Yearly Archives: 2010

Braillard v. Maricopa County – 5/27/2010

July 1, 2010
Arizona Court of Appeals Division Two Holds That the Maricopa County Sheriff’s Office Is a Nonjural Entity Which Cannot Be Sued Separately From the County, That An Adult Child Does Not Have Standing to Bring a Wrongful Death Action Under § 1983, and That Plaintiffs May Claim Punitive Damages Under § 1983.

County of La Paz v. Yakima Compost Co – 6/22/2010

July 1, 2010
Arizona Court of Appeals Division One Holds that a Public Entity Waives a Defense Based on an Insufficient Notice of Claim if the Public Entity Fails to Raise the Defense in a Responsive Pleading or Rule 12(b) Motion, and that the Implied Covenant of Good Faith and Fair Dealing is Violated When a Party Exercises Contractual Discretion in Such a Way so as to Force Termination of an Agreement.

Ezell v. Quonn – 6/17/2010

June 23, 2010
Arizona Court of Appeals Division One Holds That Plaintiffs Must Move to Have a Default Judgment Set Aside Before They Can Appeal, That a Pleading Need Only Have a Concise Statement of the Cause of Action Sufficient to Put the Defendant on Notice, That a Claim for Punitive Damages Need Only Contain a General Prayer for Punitive Damages, and That a Request For an Award of Attorney’s Fees Must Cite the Legal Basis For the Request.