O'CONNOR & CAMPBELL
7955 South Priest Drive
Tempe, Arizona, USA 85284
602.241.7000

Cases of Interest

Twin City Fire v. Leijas

In Arizona, an injured employee accepts workers’ compensation benefits and later settles claims against a third party for less than the limits of the third party’s insurance, the employee may obtain a judicial determination of whether the worker’s compensation carrier’s lien should be reduced to account for the employer’s comparative fault.

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Bank of America v. Felco

Equitable subrogation is not a defense, or objection to, a trustee’s sale and is not waivable under ARIZ. REV. STAT. §33-811(C).

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Sign Here Petitions v. Chavez

In Arizona, when considering a motion for summary judgment in a defamation case, the superior court must: (1) act as Free Speech gatekeeper and avoid any chilling effect on free expression by protecting against meritless litigation; (2) determine whether a statement is defamatory by considering all of the circumstances surrounding the statement; and (3) employ a reasonable-person test to evaluate the circumstances surrounding an allegedly defamatory statement.

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Sirrah v. Wunderlich

The implied warranty of workmanship and habitability (“Implied Warranty”) is imputed into all residential building contracts. Any claim for a breach of the Implied Warranty, even if brought by a subsequent purchaser, arises from the original construction contract and the successful party qualifies for an award of reasonable attorneys’ fees under either the contractual fee provision or ARIZ. REV. STAT. § 12-341.01.

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Cruz v. City of Tucson

The Arizona Court of Appeals, Division Two was asked to decide as a matter of law whether the record showed Appellant’s abuse of process claim was timely.

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BNC Corp v. HUB

In Arizona, a jury-trial waiver is enforceable in negligence actions. Importantly, the jury trial need not be “knowingly and voluntarily waived,” and a corporate parent’s waiver can bind its subsidiary.

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Security Alarm Financing v. Fuller

In a matter of first impression in Arizona, Division One of the Arizona Court of Appeals
determined that a movant does not waive its right to compel arbitration under the Federal
Arbitration Act (“FAA”) by failing to raise arbitration as an affirmative defense in its answer.

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Boruch v. State of Arizona

While Arizona’s statutes prohibit certain types of injunctive relief against public officers and entities, where the injunction is not expressly prohibited, and there is a question whether the government actor acted unlawfully, the injunction may be granted.

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American Power Products v. CSK Auto

Where a contract does not define “prevailing party” for purposes of awarding attorneys’ fees, but
provides that a prevailing party is entitled to attorneys’ fees, ARIZ. REV. STAT. §12-341.01(A) applies
to determine the successful party.

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Mohave County v. Arizona Department of Water Resources

In a lawsuit filed against the Arizona Department of Water Resources, a state agency, an award of attorneys’ fees under ARIZ. REV. STAT. § 12-348.01 is not subject to the $10,000 cap found in ARIZ. REV. STAT. § 12-348(E)(4).

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Archived Cases of Interest