Arizona Appellate Blog - Osborn Maledon

City of Phoenix v. Glenayre Elec. Inc. – 5/19/2016

June 2, 2016

Arizona Court of Appeals Division One holds that the repose period found in A.R.S. § 12-522 applies to governmental entities and that claims based on provisions of municipal permits can be considered as arising out of contract.

Rasor v. Northwest Hospital – 5/17/2016

May 26, 2016

Arizona Court of Appeals Division Two holds that a party may find a new medical standard of care expert witness after another party challenges the expert.

Sierra Tucson v. Bergin – 5/11/2016

May 26, 2016

Arizona Court of Appeals Division Two holds that a forum selection clause signed by a decedent does not bind the decedent’s statutory beneficiaries in a wrongful death action.

Soto v. Sacco – 5/19/2016

May 24, 2016

Arizona Court of Appeals Division One holds that an order granting a Rule 59(i) motion for remittitur must be signed to be appealable.

S&S Paving and Construction, Inc. v. Berkley Regional Ins. Co. – 5/12/201

May 19, 2016

S&S Paving and Construction, Inc. v. Berkley Regional Ins. Co. (5/12/2016): Arizona Court of Appeals Division One holds that Arizona’s Little Miller Act does not authorize claims for bad faith against sureties on payment bonds for public work projects.

Pawn 1st, LLC v. City of Phoenix – 4/12/2016

April 22, 2016

Arizona Court of Appeals Division One holds that a zoning variance altering the distance required between a pawn shop and a residential neighborhood is an “area” variance, not a “use” variance.

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Andrew G. Pappas

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Thomas L. Hudson
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