Arizona Appellate Blog - Osborn Maledon

Great Western Bank v. LJC Development, LLC – 11/10/2015

November 19, 2015

Arizona Court of Appeals Division One holds that a construction financing agreement is a binding commitment and not just a guideline for future financing at the lender’s discretion where the agreement’s express terms obligate the lender to make loans to the borrower.

Wozniak v. Indus. Comm’n – 9/24/2015

November 19, 2015

Arizona Court of Appeals Division One holds that employment is not “seasonal” if the employee is willing to work but the failure to work is attributable to the employer’s decisions.

JHass Group, L.L.C. v. Arizona Department of Financial Institutions – 10/20/2015

November 12, 2015

Arizona Court of Appeals Division One holds that under the statutes defining debt management companies: (1) “receiving money” includes constructive receipt where the company exercises substantial control over clients funds; and (2) the company does not have to actually disburse money to creditors, it only has to receive money for that purpose.

Respect the Promise v. Hanna (9/19/2015)

November 3, 2015

Arizona Court of Appeals Division One holds that (1) a city council’s approval of a settlement agreement to resolve pending litigation and (2) a city resolution that merely expresses support on a given issue are not legislative acts subject to referendum.

Pinal County v. Cooper (10/20/2015)

November 3, 2015

Arizona Court of Appeals Division One holds that evidence that a government official acted with spite or ill will is not sufficient to defeat qualified immunity.

Grubaugh v. Blomo – 9/23/2015

October 27, 2015

Arizona Court of Appeals Division One holds that a plaintiff does not impliedly waive the mediation process privilege by bringing a legal malpractice claim against a former attorney and that communications protected by the mediation process privilege cannot form the basis of a plaintiff’s claims.

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Andrew G. Pappas

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Thomas L. Hudson
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