Arizona Appellate Blog - Osborn Maledon

Albano v. Shea Homes Limited Partnership – 6/30/2011

July 5, 2011

Arizona Supreme Court Holds That A.R.S. § 12-552, the Statute of Repose for Construction Defects, Is Not Subject to Equitable Tolling During the Period Between the Filing of a Putative Class Action and the Denial of Class Certification.

Estate of Timothy Maudsley v. Meta Services, Inc. – 6/23/2011

July 1, 2011

Arizona Court of Appeals Division One Holds That Mental Health Facilities Owe a Care of Duty to Patients Seeking Mental Health Services.

Craig v. Craig – 6/29/2011

June 30, 2011

Arizona Supreme Court Holds That A Notice of Appeal Filed in the Absence of a Final Judgment, or While a Time-Extending Motion Is Pending, Is a Nullity Requiring Dismissal for Lack of Jurisdiction.

United Insurance Company of America v. Lutz – 6/16/2011

June 29, 2011

Arizona Court of Appeals Division One Holds That The Rule of Merger Applies to Leases and Evidence of Contrary Intent May Preclude a Finding of Merger.

Buehler v. Honorable Robert Retzer ex rel. Industrial Commission of Arizona – 6/23/2011

June 27, 2011

Arizona Court of Appeals Division One Holds That A Claimant May Not Appeal to the Superior Court From a Procedural Ruling in a Workers’ Compensation Proceeding.

Berry v. 352 E. Virginia, L.L.C. – 6/9/2011

June 16, 2011

Arizona Court of Appeals Division One Holds That (1) a Party Claiming Entitlement to Fees and Costs Under a Contractual Provision Must Plead and Prove Its Claim in the Trial Court; (2) Prejudgment Interest Is Appropriate as of the Date the Amount of the Claim Can Be Readily Calculated; (3) the Trial Court Does Not Abuse Its Discretion in Awarding Fees to a Party under A.R.S. § 12-341.01 When That Party Received a Monetary Judgment and the Court Reduced the Amount of Requested Fees to Reflect

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