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Arizona Court of Appeals, Division One, holds that individual plaintiffs and a neighborhood association lack standing to challenge a zoning decision permitting the relocation and digital conversion of billboards.
Hopi Tribe v. Ariz. Corp. Comm’n – 12/28/2023
January 2, 2024
Arizona Court of Appeals Division One holds that the Court does not have jurisdiction to consider the Tribe’s challenges to the Arizona Corporation Commission’s decision to provide transition assistance because the decision was not final.
Bonnette v. MG Fin. Enters. LLC – 11/30/2023
January 2, 2024
Arizona Court of Appeals Division Two holds that a plaintiff who succeeds on a state Lemon Law claim against the seller of a used vehicle is eligible for an award of attorneys’ fees under the Magnuson-Moss Warranty Act if the plaintiff succeeds on an implied-warranty claim that fits within the definition of Magnuson-Moss.
Torres v. JAI Dining Servs. (Phoenix), Inc. – 10/16/2023
December 13, 2023
Arizona Supreme Court holds that the anti-abrogation clause of the state’s Constitution does not protect common-law dram-shop liability because the anti-abrogation clause applies only to rights of action that either existed at common law or find their basis in the common law at the time the Constitution was adopted, and Arizona did not adopt common-law dram-shop liability until 1983.
Cocchia v. Testa – 9/12/2023
December 1, 2023
Arizona Court of Appeals Division One holds that issue preclusion prevents a party from relitigating personal jurisdiction when a foreign judgment is domesticated if personal jurisdiction was already litigated in the foreign court.
Roebuck v. Mayo Clinic – 9/19/2023
December 1, 2023
Arizona Court of Appeals Division One holds that A.R.S. § 12-516 violates the anti-abrogation clause of the Arizona Constitution by removing a patient’s right to recover damages for ordinary negligence.