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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.
Pivotal Colorado II, L.L.C. v. Ariz. Public Safety Personnel Retirement System – 3/13/2014
March 31, 2014
Arizona Court of Appeals Division One Holds That the Arizona Public Safety Personnel Retirement System Is a State Agency for Purposes of the Notice of Claim Statute and One-Year Statute of Limitations That Applies to Public Agencies.
Newman v. Cornerstone Nat’l Ins. Co. – 3/27/2014
March 31, 2014
Arizona Court of Appeals Division One Holds That a Premium Price is Not Required for a Written Offer of Underinsured Motorist Coverage to be Valid Under A.R.S. § 20-259.01(B).
Garbareno v. Whatley – 2/28/2014
March 17, 2014
Arizona Court of Appeals Division Two Holds That a Notice of Disallowance Sent by Certified Mail and Return Unopened to the Estate Was Constitutionally Insufficient.