Class Representatives Cannot Appeal Denial Of Class Certification After Accepting Unapportioned Offer Of Judgment
Douglas v. Governing Board of Window Rock
Ct. Appeals, Div. One, May 28, 2009
Authored by the JSH Appellate Team
Teachers sued their school district because of an alleged failure to […]
Trial Court Rules Plaintiff’s $55 Million Punitive Award Unconstitutional
Nardelli v. MetLife Auto and Home Ins. Agency, Inc.
Superior Court, May 19, 2009
Authored by the JSH Appellate Team
In May of 2009, a Maricopa County jury awarded a Plaintiff […]
Claim Preclusion Applies Where Second Suit Addresses Different Issues Than The First Suit As Long As They Arise From The Same Nucleus Of Facts
Howell v. Hodap & Johnson
Ct. Appeals, Div. One, May 12, 2009
Authored by the JSH Appellate Team
This case raised separate appeals arising out of the execution of a search […]
Appraiser Retained By Lender Owes Duty Of Care To Borrower And Prospective Buyer Of Home
Sage v. Bragg Appraisal
Ct. Appeals, Div. One, April 30, 2009
Authored by the JSH Appellate Team
Plaintiff buyer made an offer to purchase a home for $605,200. Buyer’s obligation […]
Court Upholds Constitutionality Of A.R.S. §12-2603 Requiring Affidavit Medical Malpractice Cases
Jilly v. Rayes
Ct. Appeals, Div. One, April 30, 2009
Authored by the JSH Appellate Team
Plaintiffs sued doctors for medical medical malpractice and wrongful death. Doctors filed a motion to […]
Court May Consider Real Estate Agent’s Improper Conduct In Deciding Whether Principal Is Entitled To Specific Performance Of Real Estate Contract
Queiroz v. Harvey
Arizona Supreme Court, April 28, 2009
Authored by the JSH Appellate Team
Seller listed 10 acres of land for sale in Tonopah. Buyer, through Agent, offered to […]
Plaintiff Need Not Exhaust Administrative Remedies For Claim That Arizona DHS Facility Violated Her Civil Rights
Bailey-Null v. Valueoptions; Meta Services, Inc.
Ct. Appeals, Div. One, April 7, 2009
Authored by the JSH Appellate Team
Plaintiff underwent emergency psychiatric treatment in a ValueOptions center. ValueOptions is a regional […]
Insurer Defending Under Reservation Of Rights Loses Its Subrogation Rights If It Received Notice And The Insured’s Settlement Was Reasonable
Monterey Homes v. Federated Mutual Insurance Company
Ct. Appeals, Div. One, February 10, 2009
Authored by the JSH Appellate Team
Monterey Homes was sued for construction defects. Monterey filed a third-party complaint […]
Consumer Expectation Test Applies In A Product Defect Case
Brethauer v. General Motors Corporation
Ct. Appeals, Div. One, March 31, 2009
Authored by the JSH Appellate Team
Plaintiff, who asserted he was wearing a seatbelt, was ejected from his vehicle […]