Arizona Appellate Blog - Osborn Maledon

Fields v. Elected Officials Ret. Plan (2/6/2020)

March 11, 2020

Arizona Court of Appeals Division One holds that a party who agrees to pay its attorney only those fees awarded by a court does not become ineligible for a fee award under A.R.S. § 12-341.01.

Specialty Companies Grp. LLC v. Meritage Homes of Ariz. Inc. (2/25/2020)

March 11, 2020

Arizona Court of Appeals Division One holds that a claim to pierce the corporate veil may be raised in an action on a judgment and that such an action is governed by the limitation period for actions to enforce a judgment.

France v. Indus. Comm’n of Ariz. (2/18/2020)

March 2, 2020

Court of Appeals Division One held that, for workers’ compensation purposes, the phrase “unexpected, unusual or extraordinary stress related to employment” means work-related stress that is sufficiently significant and noteworthy to differentiate it from non-compensable, general stress caused by the work regimen

Hwal’Bay Ba: J Enters., Inc. v. Jantzen – 2/25/2020

March 2, 2020

Arizona Supreme Court announces a six-factor test to determine whether a tribal economic entity is an “arm of the tribe” for sovereign immunity purposes.

Simmons v. Indus. Comm’n of Ariz. (2/7/2020)

February 12, 2020

Court of Appeals Division Two holds that an administrative law judge erred by applying incorrect “earning capacity disability” legal standard and by failing to determine who had the applicable burden of proof.

Am. Civil Liberties Union of Ariz. v. Ariz. Dep’t of Child Safety – 1/14/2020

February 10, 2020

Arizona Court of Appeals Division One holds that a government’s internal confusion is not a sufficient reason to explain a delay in the production of documents in response to a public records request and that a requesting party does not substantially prevail unless the records provided substantially provide the information sought by the underlying requests.

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