Yearly Archives: 2021

Burns v. Ariz. Pub. Serv. Co. (3/4/2021)

March 10, 2021
Arizona Court of Appeals holds that a member of the Corporation Commission lacks authority to individually enforce an investigatory subpoena in a ratemaking case over the opposition of the majority of the Commission.

Bridges v. Nationstar Mortg., LLC (1/14/2021)

March 10, 2021
Arizona Court of Appeals Division One holds that absent an express statement of acceleration in the notice of a trustee’s sale or other evidence of an intent to accelerate, recording a notice of trustee’s sale, by itself, does not accelerate a debt.

Rogers v. Mroz (12/8/2020)

March 8, 2021
Arizona Court of Appeals Division One holds that a political attack ad that states a person “specializes in underage girls and advertises on website linked to sex trafficking” cannot be taken by a reasonable listener as an accusation of a precise and verifiable undisclosed fact that the person was complicit in sexual misconduct with underage girls and was complicit in sex trafficking, and cannot be the subject of a defamation action consistent with the First Amendment.

Cavallo v. Phoenix Health Plans (2/23/2021)

March 3, 2021
Arizona Court of Appeals Division One holds that (1) an insurer can raise a limited contract-based defense to show the elements of insurance bad faith are not met under the circumstances and (2) an erroneous instruction about mitigation damages will not automatically merit reversal when the jury does not reach damages because the defendant is not liable.