Arizona Appellate Blog - Osborn Maledon

Kopacz v. Banner Health – 7/5/2018

July 13, 2018

Arizona Court of Appeals Division One confirms that when a medical malpractice claim accrues for statute-of-limitations purposes does not depend on whether the “unsound mind” tolling exception in A.R.S. § 12-502 applies.

Dunn v. FastMed Urgent Care, P.C. – 6/19/2018

July 13, 2018

Arizona Court of Appeals Division One holds that an employment agreement with a full integration clause, a covenant not to compete, and a forum selection clause does not supersede a different covenant not to compete and forum selection clause contained in a prior sale agreement between the same parties.

Am. Furniture Warehouse Co. v. Town of Gilbert – 7/10/2018

July 13, 2018

Arizona Court of Appeals Division One holds that a municipality does not violate the Takings Clause by imposing a generally applicable legislative fee as a condition of obtaining a land development permit.

Teufel v. Am. Family Ins. Co. – 6/25/2018

July 6, 2018

Arizona Supreme Court holds that stand-alone tort claims are not excluded by an insurance policy’s contractual liability exclusion even if a contractual relationship exists between the parties.

Normandin v. Encanto Adventures LLC – 6/26/2018

July 6, 2018

Arizona Court of Appeals Division One upholds the constitutionality of Arizona’s recreational user statute, which limits a landowner’s liability to gross negligence.

Farmer’s Ins. Exch. v. EcoDry Restoration of Ariz., LLC – 6/12/2018

July 2, 2018

The Arizona Court of Appeals Division One holds that an insured may assign to a third party its post-loss benefits claim under an indemnity insurance policy without insurer consent, despite the presence of an anti-assignment provision in the policy.

Editor

Andrew G. Pappas

Contributors

Jacob Abrahamian
Payslie M. Bowman
Gideon Cionelo
Brandon T. Delgado
Andrew Haynes
Allie Karpurk
BriAnne Illich Meeds
Joshua J. Messer
Michael Moorin
Stefan Oakley
Sarah Pook Lawson
Molly Walker

Editors Emeritus

Thomas L. Hudson
Joseph N. Roth
Eric M. Fraser