Arizona Appellate Blog - Osborn Maledon

Southwest Non-Profit Housing Corp. v. Novak – 3/31/2014

April 10, 2014

Arizona Court of Appeals Division Two Holds That Under Restatement (Second) of Torts § 552, an Appraiser Does Not Owe a Duty of Care to a Seller if the Appraisal Is Not Intended to Be Used and Relied Upon by the Seller.

Pi’Ikea, LLC v. William Benson Williamson et al – 3/26/2014

April 9, 2014

Arizona Court of Appeals Division Two Holds Noteholder Has No Duty To Mitigate Damages When Pursuing Personal Guaranty That Expressly Waives Common Law Duty To Mitigate.

Tucson Unified School District v. Borek ex rel Gallagher – 3/11/2014

April 3, 2014

Arizona Court of Appeals Division Two Holds that Statutory Immunity for Felonies Committed by Public Employees Applies Unless Agency Had Actual Knowledge of Employee’s Propensity for the Crime

Ponce v. Parker Fire District – 3/27/2014

April 1, 2014

Arizona Court of Appeals Division One Holds That Failure To File Notice of Claim Is An Affirmative Defense Subject to Waiver.

Sandretto v. Payson Healthcare Mgmt., Inc. – 3/11/2014

April 1, 2014

Arizona Court of Appeals Division Two Holds That Under Ariz. R. Evid. 702, a Medical Expert’s Testimony Is Admissible if the Expert Is Qualified to Testify About a Recognized Medical Condition, Regardless of Whether He Can Satisfy Certain Daubert Factors That Are More Appropriate for Products Liability Cases Dealing with Scientific Matters.

TM2008 Investments, Inc. v. ProCon Capital Corp. (3/27/2014)

March 31, 2014

Arizona Court of Appeals Division One Holds That The Operating Agreement of a Limited Liability Company, not Fiduciary Duty Principles from the Law of Closely-Held Corporations or Partnerships, Determines What Duties the Members of the Limited Liability Company Owe Each Other.

Editor

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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