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 […]
Court Upholds Constitutionality Of Statute Providing Qualified Immunity To Public Entity Or Employee Causing Injury To Driver Where Driver Was Under The Influence
Devries v. State of Arizona, et. al
Ct. Appeals, Div. One, March 31, 2009
Authored by the JSH Appellate Team
DeVries was driving on the 101, lost control, and hit a […]
The Economic Loss Doctrine Does Not Apply To A Case Against A Design Professional
Flagstaff Affordable Housing Limited Partnership v. Design Alliance Inc.
Ct. Appeals, Div. One, March 24, 2009
Authored by the JSH Appellate Team
Owner Plaintiff contracted with Defendant Architect for the design […]
Evidentiary Errors Cause reversal Of Medical Malpractice Defense Verdict
Pipher v. Loo
Ct. Appeals, Div. One, March 10, 2009
Authored by the JSH Appellate Team
Plaintiff sued a dentist alleging nerve damage from dentist’s negligent administration of anesthetic. The jury […]
Attorney Does Not Have A Charging Lien On Client’s Recovery Where Recovery Fund Is Eliminated By Rule 68 Sanctions
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 […]
Non-Party At Fault Notice Requires Facts Explaining Why Non-Party Is Liable; Rule 68 Sanctions Include Non-Testifying Expert Fees
Scottsdale Ins. Co. v. Cendejas
Ct. Appeals, Div. One, March 3, 2009
Authored by the JSH Appellate Team
Anthony Cendejas was sawing into a wall of a home when he caused […]