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Watkins v. Arpaio – 2/2/2016

February 4, 2016

Arizona Court of Appeals Division One holds that the “continuing wrongs” doctrine does not toll the one year statute of limitations against public employees under A.R.S. § 12-821.

Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLC – 1/28/2016

February 4, 2016

Arizona Court of Appeals Division One holds that a lender cannot recover liquidated damages of 5% on a balloon payment for a conventional loan with a fixed interest rate because such damages are unreasonable and punitive in nature.

Escareno v. Kindred Nursing Centers West LLC – 1/26/2016

February 2, 2016

Arizona Court of Appeals Division Two holds that providing assistance to an elderly parent, without more, does not establish an agency relationship sufficient to allow the child to sign a contract on behalf of the parent.

Russo v. Barger – 1/26/2016

February 1, 2016

Arizona Court of Appeals Division One holds that a party may waive a valid forum selection clause by substantially participating in litigation without promptly seeking its enforcement.

Benevolent v. State – 1/21/2016

February 1, 2016

Arizona Court of Appeals Division One holds that a sweepstakes may constitute illegal gambling under A.R.S. § 13-3301(4) even if it offers free chances to win or is offered for a charitable purpose.

Tucson Estates Prop. Owners Assoc., Inc. v. McGovern – 1/15/2016

January 29, 2016

Arizona Court of Appeals Division Two holds that a fee award under § 12-341.01 is discretionary unless expressly provided for by the contract.

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Andrew G. Pappas

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Molly Walker

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Thomas L. Hudson
Joseph N. Roth
Eric M. Fraser

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