Yearly Archives: 2012

State ex rel. Horne v. AutoZone, Inc. – 5/15/2012

May 22, 2012
Arizona Supreme Court Holds That (1) When the State Alleges Multiple Violations of A.R.S. § 41-2081 as the Basis for a Consumer Fraud Act Claim, a Jury May Determine That Either the “Act Clause” or the “Omission Clause” of A.R.S. § 44-1522(A) Applies; (2) A.R.S. § 44-1582(A)(1) Does Not Authorize Disgorgement to the State for Violations of the Consumer Fraud Act.

Desarrollo Immobiliario y Negocios Industriales de Alta Technologia de Hermosillo, S.A. de C.V. v. Kader Holdings Co., Ltd. – 4/16/2012

May 21, 2012
Arizona Court of Appeals Division Two Holds That a Guarantee Need Not Contain an Express Agreement Regarding Forum Selection for a Guarantor to be Subjected to a Particular Forum and That Arizona Courts do Not Inquire Into Convenience or the State’s Interest in the Lawsuit When Examining a Forum Selection Clause’s Reasonableness.

Long v. Olen (5/3/2012)

May 15, 2012
Arizona Court of Appeals Division One Holds That the Ex Parte Communication Between Trial Court and a Party’s Counsel Did Not Warrant a New Trial Because There Was No Reasonable Probability That the Opposing Party was Prejudiced as a Result of the Ex Parte Communications.

Kimicata v. McGee (5/10/2012)

May 14, 2012
Arizona Court of Appeals Division One Holds That A Court May Award Attorneys’ Fees In Connection With Proceedings To Modify, Quash, Or Continue An Injunction Against Harassment.