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Perdue v. La Rue – 9/3/2020
September 11, 2020
The Court of Appeals Division One holds that the sham affidavit doctrine bars use of a declaration that contradicts testimony taken in separate litigation.
Lohr v. Bolick – 9/8/2020
September 11, 2020
Arizona Supreme Court holds that, though political candidates usually must list their actual residence address in their nomination paper and petitions, a candidate substantially complied by listing a nearby private mailbox address instead.
Standard Constr. Co. v. State (9/3/2020)
September 10, 2020
Arizona Court of Appeals Division One holds that when a contractor for a public entity timely exercises its contractual option to require non-binding mediation with a public entity after exhausting its administrative remedies, the time to file a notice of claim is tolled under A.R.S. § 12-821.01(C) until the mediation fails.
Heritage at Carefree LLC v. Ariz. Dep’t of Health Servs. (7/16/2020)
September 10, 2020
Arizona Court of Appeals Division One holds that an assisted living facility may not hold a Power of Attorney for a resident or allow an employee or family member to do so.
Helvetica Servicing, Inc. v. Pasquan – 8/3/2020
September 10, 2020
Arizona Supreme Court holds that the question of whether a loan is a “construction loan” subject to anti-deficiency protection is a fact question based on a multi-factor test.
Free v. Indus. Comm’n of Ariz. (7/23/2020)
September 10, 2020
Arizona Court of Appeals Division One holds that an employee’s average monthly wage does not include an unused per diem food allowance.