Arizona Appellate Blog - Osborn Maledon

McMurtry v. Weatherford Hotel, Inc. – 1/10/2013

January 28, 2013

Arizona Court of Appeals Division One Holds That (1) Testimony of Premise Liability Expert Is Admissible Under Rule of Evidence 702, (2) The “Open and Obvious” Nature Of A Danger Is One Factor In Determining Negligence, and (3) Escorting A Person From Premises Does Not Necessarily Absolve Dram Shop Liability.

Bowen Prods., Inc. v. French – 1/24/2013

January 25, 2013

Arizona Court of Appeals Division One Holds That When a Notice of Nonparty at Fault Specifically Identifies a Nonparty, and Timely Disclosures Explain the Factual Basis of the Fault, the Documents Must Be Read Together to Determine Whether the Notice Complies with Ariz. R. Civ. P. 26(b)(5).

Tobin v. Rea (1/17/2013)

January 25, 2013

Arizona Supreme Court Holds That Legislative Council’s Analysis of Proposition 204 Was Not Impartial.

Save Our Vote v. Bennett – 1/7/2013

January 22, 2013

Arizona Supreme Court Holds That Prop 121, the “Top Two” Primary Initiative, Did Not Violate the Separate Amendment Rule.

Bradshaw v. Jasso-Barajas – 1/8/2013

January 10, 2013

Arizona Court of Appeals Division One Holds That Courts Must Determine Whether Rule 77(f) Applies Before Imposing Rule 68(g) Sanctions.

Belen Loan Investors, LLC v. Bradley – 12/21/2012

January 7, 2013

Arizona Court of Appeals Division Two Holds that Appraiser May Be Liable to Third Parties for Negligent Misrepresentation Despite Provision in Appraisal Stating that Appraisal Is Not Intended to Be Relied Upon by Third Parties.

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