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Normandin v. Encanto Adventures, LLC (5/17/2019)
July 11, 2019
Arizona Supreme Court holds entity that does not control access to recreational land cannot be a manager entitled to immunity under A.R.S. § 33-1551(A).
In re Sky Harbor Hotel Props. – 6/25/2019
July 10, 2019
Arizona Supreme Court holds that the manager of a limited liability company owes a common law fiduciary duty to the company, as does a member acting as an agent of the company, but that the company’s operating agreement may eliminate these duties.
Murro v. Ariz. Dep’t of Health Servs. – 6/11/2019
June 12, 2019
Arizona Court of Appeals Division One holds that mere “solicitation” to violate a controlled substance law can disqualify a person from being a marijuana dispensary agent.
Monroe v. Arizona Acreage LLC – 5/16/2019
June 10, 2019
Court of Appeals Division One holds that: (1) a six-year statute of limitations governs judicial foreclosure; (2) the statute of limitations for enforcement of guaranty, absent agreement to the contrary, is identical to enforcement of the underlying note; and (3) a class action notice with an opportunity to opt out satisfied a deed of trust requirement that majority of lenders initiate default action.
Arizona Court of Appeals Division One holds that (1) the timeliness of a motion to intervene is measured from when the movant has notice that its interests are not being adequately represented, and (2) the ability to file another lawsuit does not, by itself, preclude intervention.
Eleven individuals applied to fill the vacancy on the Arizona Supreme Court created by Chief Justice Bales’s retirement.