Arizona Court of Appeals Division One holds that when a deed reserves an estate in all minerals for the grantor, and separately allows the grantor to remove sand, stone, rock, and clay as necessary to remove minerals, then sand, stone, rock, and clay are not minerals under the deed.
McDaniel v. Banes (7/23/2020)
July 29, 2020
Arizona Court of Appeals Division One holds that the application of the four-year statute of limitations to an amended foreign judgment runs from when it is amended, not when it was originally issued.
Ibarra v. Gastelum – 7/23/2020
July 27, 2020
Court of Appeals Division One holds that the statutory duty to keep an apartment in a fit and habitable condition does not justify a negligence per se jury instruction.
Arizona Court of Appeals Division Two holds that plaintiffs are not barred from suing private employers under vicarious liability theories for acts of employees subject to the notice of claim statute, A.R.S. ยง 12-821.01.
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Piccioli v. City of Phoenix and AFSCME, AFL-CIO, Local 2384 v. City of Phoenix (7/10/2020)
July 23, 2020
Arizona Supreme Court confirms that a public retirement plan does not violate common-law or constitutional pension protections by ending a longstanding practice that the plan never authorized in the first place.
Torres v. JAI Dining Servs. (Phx.), Inc. – 7/16/2020
July 17, 2020
Arizona Court of Appeals Division One holds that a dram shop is not liable for injuries that occur after an overserved patron goes home, sleeps, then decides to drive.
