Arizona Appellate Blog - Osborn Maledon

Kresock v. DePaoli – 3/17/2016

March 25, 2016

Arizona Court of Appeals Division One holds that attorneys’ fees imposed as sanctions pursuant to A.R.S. § 12-349 and Rule 11 are not “damages awarded” for purposes of calculating a supersedeas bond.

Wells Fargo Bank N.A. v. Hoag – 1/28/2016

February 16, 2016

Arizona Court of Appeals Division One holds that the statute and rule limiting the amount of bond for a stay of judgment pending appeal do not prevent the court from making other orders to preserve the status quo or the effectiveness of a judgment.

Summers v. Gloor – 2/2/2016

February 15, 2016

Arizona Court of Appeals Division One holds that a party is not precluded from seeking equitable relief as an alternative to the contract defenses of recoupment and offset.

Justice Scalia has passed away. (2/13/2016)

February 15, 2016

AzApp News

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.

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