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

Cases of Interest

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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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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Palmer v. City of Phoenix

The Arizona Court of Appeals recently determined that Arizona Municipalities may exercise their discretion to abandon roadways that they may determine are no longer needed through the process of public sales.

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Quiroz v. Alcoa

Arizona declines to impose a duty on an employer when a child contracts Mesothelioma as result of “take-home exposure” arising from a parent’s exposure to asbestos at the workplace.

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Lee v. ING

This case examined the issue of the determination of the “successful party” in litigation arising out of contract for the purpose of an award of attorney’s fees under A.R.S. section 12-341.01(A).

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Brumett v. MGA

This consolidated appeal addresses the issue of whether language contemplated by Arizona Rules of Civil Procedure 54(b) and 54(c) is required for a ruling to be appealable other than as a “final judgment” under A.R.S. § 12-2101 (A)(1).

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Archived Cases of Interest