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Arizona Court of Appeals Division One holds guarantors may prospectively waive the protections of Arizona’s anti-deficiency statute.
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BNSF Railway Co v. Seats Inc – 5/5/2015
June 12, 2015
Arizona Court of Appeals Division One holds that the federal Locomotive Inspection Act does not preempt state-law claims that are based on a failure to meet federal standards of care.
City of Tempe v. State of Arizona – 6/4/2015
June 12, 2015
Arizona Court of Appeals Division One holds that a municipal corporation is a “person” subject to the Arizona Fair Housing Act and that the administration of a federal housing voucher program is conduct subject to that Act.
Arizona Court of Appeals Division Two holds that A.R.S. § 12-820.05(B) immunizes a public entity for losses caused by an employee’s criminal acts so long as the public entity lacks actual knowledge of the employee’s propensity for such conduct, even when the plaintiff claims that the public entity itself was negligent for hiring an employee with past misconduct.
Merkens v. Federal Insurance Co. – 5/21/2015
June 5, 2015
Arizona Court of Appeals Division One holds that failure to challenge denial of workers’ compensation benefits through Industrial Commission bars recovery of unpaid benefits in bad faith action against workers’ compensation insurer.
Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc. – 4/30/2015
May 28, 2015
Arizona Court of Appeals Division Two holds that all notices under the Little Miller Act must be sent by registered or certified mail.