Arizona Appellate Blog - Osborn Maledon

American Power Products, Inc. v. CSK Auto, Inc. – 2/5/2016

February 12, 2016

Arizona Supreme Court holds that an evidentiary hearing is not required in the context of a motion for new trial based on an improper ex parte communication where there is no factual dispute regarding the communication.

Carter v. Pain Center of Arizona, P.C. – 5/10/2016

February 12, 2016

Arizona Court of Appeals Division One holds that jury instructions for medical battery must address consent when the plaintiff claims a physician exceeded a patient’s limited consent.

Murray v. Farmers Ins. Co. (1/19/2016)

February 12, 2016

Arizona Court of Appeals Division Two holds that an insured can pursue a claim of emotional distress against an insurer and that third-party beneficiaries can bring Consumer Fraud Act claims.

Watts v. Medicis Pharm. Corp. – 1/21/2016

February 8, 2016

Arizona Supreme Court holds that, under the learned intermediary doctrine, a pharmaceutical manufacturer can satisfy its duty to warn by providing appropriate warnings to a prescribing physician; that the doctrine does not conflict with the Uniform Contribution Among Tortfeasors Act; and that the Consumer Fraud Act does not require a direct merchant-to-consumer transaction to support a patient’s statutory claim against a drug manufacturer.

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.

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Andrew G. Pappas

Contributors

Jacob Abrahamian
Payslie M. Bowman
Gideon Cionelo
Brandon T. Delgado
Andrew Haynes
Allie Karpurk
BriAnne Illich Meeds
Joshua J. Messer
Michael Moorin
Stefan Oakley
Sarah Pook Lawson
Molly Walker

Editors Emeritus

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

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AzApp Blog Covering Arizona's Appellate Courts

American Power Products, Inc. v. CSK Auto, Inc. – 2/5/2016

Carter v. Pain Center of Arizona, P.C. – 5/10/2016

Murray v. Farmers Ins. Co. (1/19/2016)

Watts v. Medicis Pharm. Corp. – 1/21/2016

Watkins v. Arpaio – 2/2/2016

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

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