Arizona Appellate Blog - Osborn Maledon

Cullen v. Koty-Leavitt Insurance Agency, Inc. – 10/18/2007

October 23, 2007

Arizona Court Of Appeals Division Two Endorses The Pleading Standard Adopted By The United States Supreme Court In Bell Atlantic Corp. v. Twombly And Holds That Trial Court Properly Dismissed A Claim For Insurance Benefits Because The Plaintiff Failed To Plead Facts Sufficient To Show That He Was C

Nolan v. Starlight Pines Homeowners Association – 10/9/2007

October 11, 2007

Arizona Court of Appeals Division One Holds That Homeowners Association is Not Obligated to Make Certain Common Areas of Its Development Accessible to Disabled Homeowners.

Sun Valley Masonry, Inc. v. Industrial Commission of Arizona – 10/4/2007 Arizona Court of Appeals Divis

October 8, 2007

Arizona Court of Appeals Division One Holds that Higher Showing of Causation Required to Reopen a Workers’ Compensation Claim Based on a Subsequent Injury Does Not Apply Where the Subsequent Injury Is a Deterioration Linked to the Initial Injury.

Myers v. Hoffman La-Roche, Inc – 10/2/2007

October 3, 2007

Arizona Court of Appeals Division One Holds That Claims Against Pharmaceutical Company In Connection With Injuries Suffered In Utero Are Not Barred by the “Wrongful Life” Doctrine or the “Learned Intermediary” Doctrine.

Boncoskey v. Boncoskey – 9/25/2007

October 1, 2007

Arizona Court Of Appeals Division One Holds That Division of a Community’s Interest in Pension Rights That Have Not Yet Matured Is Governed By Johnson v. Johnson, 131 Ariz. 38, 638 P.2d 705 (1981) and Not Koelsch v. Koelsch 148 Ariz. 176, 713 P.2d 1234 (1986).

ADOR v. Ormond Builders, Inc. – 9/13/2007

October 1, 2007

Arizona Court of Appeals Division One Holds That “Construction Manager” Is A Taxable “Prime Contractor” For Purposes of Transaction Privilege Tax, But Cannot Be Taxed For Amounts It Received To Pay Other Contractors On Behalf of Project Owners.

Editor

Andrew G. Pappas

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Gideon Cionelo
Brandon T. Delgado
Andrew Haynes
Allie Karpurk
BriAnne Illich Meeds
Joshua J. Messer
Michael Moorin
Stefan Oakley
Sarah Pook Lawson
Molly Walker

Editors Emeritus

Thomas L. Hudson
Joseph N. Roth
Eric M. Fraser

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