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Arizona Court of Appeals Division One holds that under appropriate circumstances, a non-signatory transaction participant may benefit from and be bound by contract terms when the non-signatory is “closely related” to a signatory or the dispute.
Dashi v. Nissan N. Am., Inc. – 6/13/2019
July 24, 2019
Court of Appeals Division One holds Arizona state law tort claims for manufacture of vehicles without automatic breaking technology are impliedly preempted by National Highway Traffic Safety Administration’s refusal to set formal standards for automatic braking technology.
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.