¶1 The primary question in this matter is whether an “outpatient treatment center” as described in Arizona Revised Statutes (“A.R.S.”) section 36-405(B)(1) and Arizona Administrative Code (“A.A.C.”) R9-10-101(39), which employs physicians and chiropractors, may be owned by persons who are not licensed physicians or chiropractors. For the following reasons, we affirm the trial court’... More...   $0 (12-23-2008 - AZ)

In 1987, the Arizona Supreme Court held in Mark Lighting Fixture Co. v. General Electric Supply Co. (Mark Lighting II) that a judgment dismissing a complaint for lack of prosecution deprived the superior court of jurisdiction to rule on a subsequent application for attorneys’ fees. 155 Ariz. 27, 31-32, 745 P.2d 85, 89-90. This case presents the issue whether Arizona Rules of Civil Procedure 54(b... More...   $0 (12-26-2008 - AZ)

Beseder, Inc., Dror Darel, Tracy Penwell, and CSTPGU LLC (collectively “Beseder”) and Jean-Emmanuel Renoir (“Renoir”) appeal the district court’s grant of summary judgment in favor of Societe Civile (“Societe”) on Societe’s copyright infringement claim. Societe and Renoir appeal other issues unrelated to the finding of copyright infringement which are discussed in an accompanying m... More...   $0 (12-09-2008 - AZ)

Transwestern Pipeline Co. (Transwestern) appeals the district court’s denial of its preliminary injunction motion seeking immediate possession of appellee landowners’ parcels of land. As a holder of a valid Federal Energy Regulatory Commission (FERC) certificate, Transwestern claims it is entitled to condemn appellees’ land pursuant to § 717f(h) of the Natural Gas Act (NGA). The district co... More...   $0 (12-11-2008 - AZ)

¶1 P laintiffs in these consolidated cases1 brought claims against the Arizona Board of Regents (“ABOR”) and others arising out of the alleged misuse of blood samples taken from members of the Havasupai Tribe in the early 1990s. In each case, the superior court entered summary judgment against the plaintiffs because it concluded they failed to comply with Arizona’s notice-of-claim statute, ... More...   $0 (12-02-2008 - AZ)

¶1 Elizabeth Quintero (“Quintero”), widow to and personal representative of the estate of Luis Anaya Soto (“Soto”), appeals summary judgment in favor of Matthew and Jane Doe Rodgers. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

¶2 This appeal arose from an automobile accident that occurred when Matthew Rodgers’ (“Rodgers... More...   $0 (11-21-2008 - AZ)

Scottsdale Perimeter 1 sued the City of Scottsdale, Arizona Department of Transportation and HDR Engineering, Inc. for the damages that it claimed that it sustained as a result of the failure of Defendants to complete a proposed $100 million Desert Greenbelt drainage system and the construction of Loop 101 to divert storm water, according to the lawsuit. Plaintiff bought the property in 1999 with ... More...   $7195000 (11-13-2008 - AZ)

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona’s ... More...   $0 (11-12-2008 - AZ)

¶ 1 This case involves a contract providing that a surveyor’s liability to its client for negligently performing work may not exceed the surveyor’s fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona’s constitutional requirement that the defense of assumption of risk always be submitted to a jury.

FACTS AND PROCEDURAL HISTORY... More...   $0 (11-12-2008 - AZ)

The jury in this case awarded $975,181 in compensatory damages to Southern Union Company, of which it assessed forty percent or $395,072.38 against James M. Irvin, and went on to assess an additional $60,000,000 of punitive damages against him. On appeal, we vacated the punitive damage award, which amounted to punitive damages of over 153 times the compensatory damage award. See S. Union Co. v. Sw... More...   $375000 (11-07-2008 - AZ)

¶1 Simon D. Chalpin (“Chalpin”), and Hi-Health Supermart Corporation (“Hi-Health”) appeal from the trial court’s dismissal of their aiding and abetting claim against J. Kevin Snyder (“Snyder”) and his law firm, Robin, Kaplan, Miller & Ciresi, LLP (“Robin Kaplan”), pursuant to Arizona Rules of Civil Procedure 12(b)(6). Chalpin and Hi-Health also appeal from the trial court’s en... More...   $0 (10-21-2008 - AZ)

Plaintiff Pamela Thompson and her four children (collectively “Thompson”) sued defendants for alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, and various provisions of state law. The district court dismissed Thompson’s Section 10(b) claim with prejudice under Federal Rule of Civil Procedure 12(b)(6). Aft... More...   $0 (10-29-2008 - AZ)

Meritage Homes Corporation, a leading U.S. homebuilder, sued Greg Hancock, a former division president of Meritage Homes on breach of contract and breach of fiduciary duties theories which it claimed were owed to it. Plaintiff also claimed that Hancock immediately began to commit fraud against the Company by engaging in side businesses that stole corporate opportunities and goodwill belonging to... More...   $111000 (10-04-2008 - AZ)

Plaintiff-appellant Raymond Vaught appeals the district court’s grant of summary judgment in favor of defendantappellee Scottsdale Healthcare Corp. Health Plan (the Plan), Vaught’s health plan. The Plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA). After denying Vaught’s claim for benefits, the Plan declined to grant Vaught’s requests for internal review of th... More...   $0 (09-29-2008 - AZ)

¶1 Juanita M. Tostado (“Appellant”) appeals the superior court’s grant of summary judgment in favor of the City of Lake Havasu (“the City”). Appellant argues on appeal that the superior court improperly found that the City had absolute immunity. For the reasons discussed below, we reverse the superior court’s grant of summary judgment and remand the case for further proceedings.
<... More...   $0 (09-10-2008 - AZ)

¶1 In a custody proceeding involving an Indian child, a state court must comply with the Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901 to 1963 (2000). Under ICWA, before a state court judge may order foster care placement of an Indian child, the judge must make “a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the ... More...   $0 (08-21-2008 - AZ)

¶1 We consider today whether a homebuilder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit.

I.

¶2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, “the Developer”) contracted with Reliance Commercial Cons... More...   $0 (08-21-2008 - AZ)

¶1 This case involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable... More...   $0 (07-03-2008 - AZ)

¶1 Home Builders Association of Central Arizona ("Home Builders" or "the Association") appeals from the superior court’s order dismissing its special action complaint for lack of standing.

BACKGROUND

¶2 Maricopa County Air Quality Control Department ("MCAQCD") and Maricopa County Air Quality Control Officer Robert Kard (collectively "the Defendants") are charged with enforcing ai... More...   $0 (07-08-2008 - AZ)

¶1 In these consolidated wrongful death cases,1 we interpret and apply the statutory language of Arizona’s notice of claim statute, Arizona Revised Statutes (“A.R.S.”) section 12-821.01 (2003). In each of these cases, the State successfully contended that the claim letters submitted on behalf of the plaintiffs did not contain sufficient facts to support the specific amount demanded in settl... More...   $0 (07-17-2008 - AZ)

¶1 Before suing the state or its subdivisions, a person generally must file a notice of claim with the prospective defendant in compliance with Arizona Revised Statutes (“A.R.S.”) section 12-821.01(A) (2003). We hold that proof of mailing a notice of claim may create a material issue of fact as to its filing even though the State denies receiving the notice.

I.

¶2 James Lee’s... More...   $0 (04-30-2008 - AZ)

On the basis of an uncorroborated tip from the culpable eighth grader, public middle school officials searched futilely for prescription-strength ibuprofen by strip-searching thirteenyear- old honor student Savana Redding. We conclude that the school officials violated Savana’s Fourth Amendment right to be free from unreasonable search and seizure. The strip search of Savana was neither “justi... More...   $0 (07-11-2008 - AZ)

The Howells sued members of the Prescott Area Narcotics Task Force and other municipal and police defendants under 42 U.S.C. § 1983. Plaintiffs claimed, among other things, that the police unconstitutionally executed a knock-and-announce search warrant by failing to wait long enough for the Howells to open the door before breaking it down. A jury disagreed, and found the search to be reasonable. ... More...   $0 (07-21-2008 - AZ)

Ralph Nader and one of his supporters in Arizona, Donald Daien
collectively, “plaintiffs”), appeal from the district
court’s grant of summary judgment to Janice Brewer, the Secretary
of State of Arizona. Plaintiffs alleged that two provisions of
Arizona’s statutory election scheme—the requirement that
circulators of nomination petitions be resi dents of Arizona and t... More...   $0 (07-13-2008 - AZ)

Charles W. Gribben appeals the district court's judgment in favor of his employer United Parcel Service ("UPS") in his action alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act ("ADA"). Gribben, who suffers from congestive heart failure and cardiomyopathy, requested and was denied accommodations for certain limitations imposed by his cardio... More...   $0 (06-20-2008 - AZ)

1 Roger and Doreene Watson appeal the trial court's summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court's rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the following reasons, we conclude that the County is not e... More...   $0 (05-11-2008 - AZ)

2 Hal Owens and the M.E. Schepp Limited Partnership ("the Partnership") own land at Missouri Avenue and 22nd Street in Phoenix ("the Parcel") ... More...   $0 (05-11-2008 - AZ)

PLS claimed Molina was fired because he used his position as shift supervisor to get other employees ... More...   $16000 (05-02-2008 - AZ)

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured ... More...   $0 (04-25-2008 - AZ)

In this appeal we consider whether the district court appropriately entered summary judgment against four farm workers who brought suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., after being discharged in the context of a seasonal slowdown in agricultural activity. Applying the three-stage burden-shifting framework established in McDonnell Douglas Corp. v... More...   $0 (04-09-2008 - AZ)

1 Cooper Tire and Rubber Company ("Cooper") challenges the superior court's ruling that Abbie Boudreau ("Boudreau"), a reporter for Scripps-Howard Broadcasting, dba KNXV-TV ("KNXV"), did not breach the court's confidentiality order when the television station broadcast her story about the safety of Cooper's tires. In resolving this appeal, we address three issues: (1) whether the court properly ba... More...   $0 (03-31-2008 - AZ)

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured ... More...   $0 (03-18-2008 - AZ)

The parents of Jeofrey and Benson Kavu sued Electrolux Home Products on a products liability theory claiming that the stove manufactured and sold by Defendants was defective and unreasonably dangerous and as a directed result it caused a fire in their home that badly burned their sons. Jeofrey, age 12, was burned over 50 percent of his body and Benson, age 13, was suffered burns to his head and f... More...   $43100000 (03-21-2008 - AZ)

1 CGP-Aberdeen, L.L.C. ("CGP") challenges the constitutional adequacy of the compensation it received for a fifty-acre parcel of real property that was condemned by the City of Scottsdale ("Scottsdale"). The United States Constitution requires that a property owner be paid just compensation in the amount of the value of the property as of the date it is taken from the owner. Arizona law values the... More...   $0 (03-12-2008 - AZ)

1 Mining Investment Group, LLC, (Buyer) appeals from partial summary judgment finding that Buyer's failure to fund escrow on the closing date of a real estate purchase agreement with Billy and Sandra Roberts (Sellers) constituted a material breach of contract. Buyer also appeals the trial court's award of liquidated damages to Sellers. Sellers cross-appeal the trial court's denial of their cross-m... More...   $0 (03-12-2008 - AZ)

2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent... More...   $0 (03-12-2008 - AZ)

In 1... More...   $0 (03-10-2008 - AZ)

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured ... More...   $0 (03-18-2008 - AZ)

1 1800 Ocotillo, LLC ("Ocotillo") appeals the trial court's grant of partial summary judgment in favor of The WLB Group, Inc. ("WLB") and the trial court's order limiting Ocotillo's recoverable damages to the fees Ocotillo has already paid to WLB. We must decide whether Arizona's public policy prohibits enforcement of a contractual provision that limits the liability of a design professional for ... More...   $0 (01-29-2008 - AZ)

1 Gregory Best appeals from the grant of summary judgment to defendants, Carl and Sookie Edwards and Frank and Frances Salinas, which ended Best's action for specific performance of a real estate option agreement. Best contends that although the Arizona statute of frauds mandates that an option contract for the sale of real property be in writing, the statute does not require that an amendment to... More...   $0 (01-31-2008 - AZ)