Arizona Appellate Blog - Osborn Maledon

Heavy Haul, Inc. v. Trail King Industries, Inc – 4/20/2010

April 27, 2010

Arizona Court Of Appeals Division One Holds That Damages Are Liquidated, and That a Plaintiff Is Thus Entitled to Prejudgment Interest, Where the Amount of Damages Is Certain, or Capable of Straightforward Calculation, Even if a Defendant Argues Comparative Negligence.

Wilshire Ins. Co. v. S.A – 3/23/2010

April 27, 2010

Arizona Court of Appeals Division One Holds That Criminal-Act Exclusions in Insurance Policies Must be Read Narrowly so as to Bar Coverage of Intentionally Wrongful Acts but not Acts Intentionally Committed that Unintentionally Result in Wrongful Conduct.

State v. Ochoa – 4/20/2010

April 27, 2010

Arizona Court of Appeals Division One Holds That Prisoner Mailbox Rule” Cannot Apply To a Prisoner Who Has an Attorney and That Trial Court Lacks Discretion To Extend Time for Filing a Claim of Legal Ownership in State Forfeiture Action.

Pima County v. McCarville – 4/20/2010

April 27, 2010

Arizona Court of Appeals Division Two Holds That Money Judgments in Inverse-Condemnation Actions Against the State or an Agency or Political Subdivision Thereof Are Stayed on Appeal Under Arizona Rule of Civil Procedure 62(g).

McCloud v. Kimbro – 3/23/2010

April 13, 2010

Arizona Court of Appeals Division Two Holds that Employee on Out-of-Town Work Assignment Is Within the Course and Scope of Employment While Traveling To and From a Restaurant for a Regular Meal.

Dreamland Villa Community Club, Inc. v. Raimey – 3/16/2010

April 13, 2010

Arizona Court of Appeals Division One Holds That Deed Restrictions for a Community with No Common Areas May Not Be Amended By Majority Vote to Require Membership in a New Homeowners’ Association When No Similar Covenant Existed Before.

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