Arizona Appellate Blog - Osborn Maledon

Cal X-tra v. W.V.S.V. Holdings L.L.C. – 4/24/2012

May 31, 2012

Arizona Court of Appeals Division One Holds That (1) Relief from a Judgment Obtained by Extrinsic Fraud Is Appropriate under Rule 60(c) and (2) A.R.S. § 29-833(A) Does Not Permit an Award of Attorneys’ Fees in Favor of a Derivative Plaintiff Against Its Opponent in That Litigation.

In re U.S. Currency in the Amount of $2,390 – 5/23/2012

May 30, 2012

Arizona Court of Appeals Division Two Holds That The Mere Fact That Currency Subject To Forfeiture Was Located In A Vehicle Does Not Obligate The State To Provide Notice Of The Pending Forfeiture To The Vehicle’s Owner.

Castle v. Barrett-Jackson Auction Company, LLC – 5/10/2012

May 30, 2012

Arizona Court of Appeals Division One Holds that the Purchaser of a Vehicle at Auction Failed to State a Claim for Consumer Fraud Where the Bidder Agreement He Signed Disclaimed that the Auctioneer Made Any Representations Concerning Any Auction Vehicle.

Metzler v. BCI Coca-Cola Bottling Company of Los Angeles, Inc. – 5/11/2012

May 29, 2012

Arizona Court of Appeals Division Two Holds That Prejudgment Interest under Rule 68(g) Is Calculated from the Date of the Offer of Judgment Until the Date of the Final Judgment Entered in the Case After Any Motion for New Trial or Appeal.

City of Sierra Vista v. Sierra Vista Wards System Voting Project – 5/14/2012

May 29, 2012

Arizona Court of Appeals Division Two Holds That (1) A.R.S. §§ 16- 918(C) and 16-924(B) Authorize A Single Civil Penalty For the Failure to File a Campaign Finance Report.

State ex rel. Horne v. AutoZone, Inc. – 5/15/2012

May 22, 2012

Arizona Supreme Court Holds That (1) When the State Alleges Multiple Violations of A.R.S. § 41-2081 as the Basis for a Consumer Fraud Act Claim, a Jury May Determine That Either the “Act Clause” or the “Omission Clause” of A.R.S. § 44-1522(A) Applies; (2) A.R.S. § 44-1582(A)(1) Does Not Authorize Disgorgement to the State for Violations of the Consumer Fraud Act.

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