Arizona Appellate Blog - Osborn Maledon

Allen v. Town of Prescott Valley – 3/13/2018

April 3, 2018

Arizona Court of Appeals Division One holds that a sports team’s $270 fee is a “nominal” fee, not an “admission” fee under A.R.S. § 33-1551, which provides property owners with qualified immunity against claims by recreational users who do not pay an admission fee.

In re $46,523 in U.S. Currency (2/28/2018)

April 2, 2018

Arizona Court of Appeals Division Two holds that the state must take additional reasonable steps to provide notice of forfeiture proceedings to a claimant of seized property if the state knows that the claimant did not receive notice.

Peterson v. Surprise – 2/6/2018

March 15, 2018

Arizona Court of Appeals Division One holds that an employee who fails to exhaust administrative remedies under the Arizona Civil Rights Act for a claim of wrongful discharge may not sue for retaliatory discharge under Arizona’s Employment Protection Act.

Saban Rent-A Car LLC v. Ariz. Dep’t of Revenue (3/13/2018)

March 15, 2018

Arizona Court of Appeals Division One holds that the tax on rental car businesses that funds the Arizona Tourism and Sports Authority is valid under Article IX, § 14 of the Arizona Constitution and the dormant Commerce Clause implied by the United States Constitution.

Doe v. Mahoney – 2/6/2018

March 5, 2018

Arizona Court of Appeals Division One holds that a defamation plaintiff requesting disclosure of an anonymous defendant’s identity must show that it could survive a motion for summary judgment, setting aside those elements which are dependent on the identity of the speaker.

Allstate Prop. & Cas. Ins. Co. v. Watts Water Techs., Inc. (2/6/2018)

March 5, 2018

Arizona Court of Appeals Division One holds that agreement allowing administrator of arbitration agreement to make rules and regulations for arbitration does not authorize the administrator to alter which claims are subject to mandatory arbitration.

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Andrew G. Pappas

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Thomas L. Hudson
Joseph N. Roth
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