Skip to main content
Soto v. Sacco – 7/13/2017
July 20, 2017
The Arizona Supreme Court holds that a trial court may order a remittitur when the damages are excessive and should explain its reasoning.
Security v. Fuller – 7/6/2017
July 13, 2017
Arizona Court of Appeals Division One holds that, under the Federal Arbitration Act, a party that does not request arbitration in its answer but raises the issue of arbitration twenty-nine days later has not waived its right to arbitration unless prejudice is shown.
BNCCORP, Inc. v. HUB Int’l Ltd. – 7/11/2017
July 13, 2017
Arizona Court of Appeals Division One holds that a parent may bind its subsidiary to a jury trial waiver and an insurance broker does not breach the duty of care by failing to perform independent risk evaluation in the absence of a specific request from the insured.
U.S. Bank, N.A. v. JPMorgan Chase Bank, N.A. (6/29/2017)
July 10, 2017
Arizona Court of Appeals Division One holds that, under doctrines of replacement and equitable subrogation, new mortgage retains priority of senior mortgage only to the extent new proceeds were used toward repayment of senior mortgage.
Wal-Mart Stores, Inc. v. LeMaire (5/11/2017)
July 10, 2017
Arizona Court of Appeals Division One holds that registered foreign corporations in Arizona are not automatically subject to general personal jurisdiction in Arizona courts, and that the commercial activity of a foreign corporation within the state does not create general personal jurisdiction over that corporation.
Mohave County v. Ariz. Dep’t Water Res. (6/20/2017)
July 10, 2017
Arizona Court of Appeals Division One holds that the limitation on fees in A.R.S. § 12-348(E)(4) does not apply to an award of attorneys’ fees under A.R.S. § 12-348.01.