Arizona Appellate Blog - Osborn Maledon

Naumann v. Benefit Strategies W., Inc. – 4/21/2022

June 1, 2022

Arizona Court of Appeals Division One holds that state law claims arising from a third-party administrator’s failure to provide accurate pension plan contribution calculations are not preempted by ERISA.

Kim v. Wong – 5/26/2022

June 1, 2022

Arizona Court of Appeals Division One holds that a landlord does not owe a duty to protect an evicted tenant’s property if the landlord does not actively take control of the property.

Costaras v. Costaras – 5/10/2022

June 1, 2022

Arizona Court of Appeals Division One holds that in a multi-part foreign judgment, Arizona’s statute of limitations to enforce foreign judgments applies to the portions of judgment that are not for support, even if other portions are exempt.

Torres v. JAI Dining Servs. (Phoenix), Inc. – 3/29/2022

May 23, 2022

Arizona Court of Appeals Division One holds that statute authorizing liability in dram shop actions only when a person is “obviously intoxicated” preempts common law dram shop liability and does not violate the anti-abrogation clause.

Batty v. Ariz. Med. Bd. – 5/10/2022

May 19, 2022

Arizona Court of Appeals Division One holds that a doctor’s intentional conduct with a patient may constitute unprofessional conduct if the conduct is of a sexual nature, even if the conduct is not sexually motivated.

RT Auto. Ctr., Inc. v. Westlake Servs. LLC – 4/12/2022

May 19, 2022

Arizona Court of Appeals Division One holds that a showing of fraud can invalidate a forum selection clause only if such fraud was directed at procuring the clause itself, not the broader contract.

Editor

Andrew G. Pappas

Contributors

Jacob Abrahamian
Payslie M. Bowman
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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AzApp Blog Covering Arizona's Appellate Courts

Naumann v. Benefit Strategies W., Inc. – 4/21/2022

Kim v. Wong – 5/26/2022

Costaras v. Costaras – 5/10/2022

Torres v. JAI Dining Servs. (Phoenix), Inc. – 3/29/2022

Batty v. Ariz. Med. Bd. – 5/10/2022

RT Auto. Ctr., Inc. v. Westlake Servs. LLC – 4/12/2022

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