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Arizona Court of Appeals Division One Holds that Defendant May Enter a Damron Settlement Agreement, Assigning Defendant’s Rights Against Primary Insurer, Notwithstanding Defense of Defendant by Excess Insurer.
Judge Johnsen Elected Vice Chief Judge – 1/18/2012
January 18, 2012
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Goodman v. Physical Resource Engineering, Inc. – 12/28/2011
January 17, 2012
Prior Course of Dealing Alone Does Not Create an Implied Contract; and (2) an Agency Relationship Between a Developer and General Contractor Is Not Implied and Must Be Supported by Evidence Establishing Such a Fiduciary Relationship Between Parties.
The Best Choice Fund, LLC v. Low & Childers, PC (12/20/2011)
January 6, 2012
Arizona Court of Appeals Division One Holds that Rules Regarding the Accrual of Legal Malpractice Claims During Litigation Are Not Applicable Outside of the Litigation Context and Refuses to Decide Whether to Adopt the Continuous Representation Rule in Arizona.
Arizona Court of Appeals Division One Affirms Arizona Corporation Commission’s Authority over Installation of Horns at Railroad Crossings As Not Preempted by Federal Regulation.
M&I Bank v. Mueller (12/27/2011)
January 4, 2012
Arizona Court of Appeals Division One Holds That A.R.S. § 33-814(G) Provides Anti-Deficiency Protection to Property Owners Whose Home is Under Construction at the Time of the Foreclosure and Trustee Sale So Long As the Owners Intended to Occupy the Home Upon Its Completion.