2013 - Page 4 of 17 - Osborn Maledon, P.A.

CSA 13-101 Loop, LLC v. Loop 101, LLC, et al. – 9/10/2013

September 24, 2013

Arizona Court of Appeals Division One Holds That Parties Cannot Contractually Waive Their Statutory Rights To A Judicial Determination Of A Property’s Fair Market Value Under A.R.S. § 33-814(A)

First Credit Union v. Courtney – 9/12/2013

September 23, 2013

Arizona Court of Appeals Division Two Holds That A Creditor May Sue a Guarantor Without A Prior Trustee’s Sale, Arizona’s Anti-Deficiency Statute Only Applies After A Trustee’s Sale Of A Qualifying Property Under A.R.S. § 33-814(G), And A Creditor May Recover a Deficiency Judgment Against A Guarantor Even When The Underlying Debt Against The Borrower Is Extinguished.

Rice v. Brakel – 9/12/2013

September 20, 2013

Arizona Court of Appeals Division Two Holds That When a Patient Gives Informed Consent to a Medical Procedure, the Patient May Not Assert a Claim for Medical Battery Based on the Doctor’s Failure to Disclose Information Unrelated to the Procedure.

Hawk v. PC Village Association, Inc. – 9/3/2013

September 17, 2013

Arizona Court of Appeals Division One Holds That A.R.S. § 33-441, which voids deed restrictions prohibiting the placement of “for sale” and “for rent” signs on real property, is constitutional under the contract clause and applies retroactively to pre-existing CC&Rs.

Cohen v. Lovitt & Touché, Inc. – 9/6/201

September 16, 2013

Arizona Court of Appeals Division Two Holds that Restitution Payments May Be Insurable.

Koss Corporation v. American Express Co., et al. – 8/29/2013

September 9, 2013

Arizona Court of Appeals Division One Holds That (1) Common Law Causes Of Action Are Preempted By the U.C.C. Only To The Extent That Particular Provisions of the U.C.C. Displace the Action, (2) A Conversion Action Can Be Brought Against A Third-Party Recipient Of Funds In Certain Circumstances, and (3) A Credit Card Company Has No Duty Of Disclosure To Third Parties.

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Yearly Archives: 2013

CSA 13-101 Loop, LLC v. Loop 101, LLC, et al. – 9/10/2013

First Credit Union v. Courtney – 9/12/2013

Rice v. Brakel – 9/12/2013

Hawk v. PC Village Association, Inc. – 9/3/2013

Cohen v. Lovitt & Touché, Inc. – 9/6/201

Koss Corporation v. American Express Co., et al. – 8/29/2013

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