Some of our notable appellate successes are listed
below. Please contact any team member directly to learn more, or
call us at (602) 248-1000.
Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th
Cir. 2010). With respect to plaintiff's claims under
the Federal Communications Act (FCA), the complaint failed to
allege facts sufficient to establish that our client was a
"common carrier" subject to suit under the FCA.
Plaintiff's claims under Arizona law for conversion, unjust
enrichment, and intentional interference with prospective economic
advantage were expressly preempted by FCA. Read
Opinion
Prince & Princess Enterprises, LLC v. State ex rel.
Arizona Dept. of Health Services, 2008 WL 4405177 (Ariz.App. Div 1)
(Sept. 30, 2008).
In re Estate of Friedman, 217 Ariz. 548, 177 P.3d 290
(App. 2008). Only when an heir who raises a claim under
the Adult Protective Services Act in a probate proceeding acts
with malice, i.e., that his primary purpose was other than to
protect the adult or the estate, can the heir be required to pay
the costs of the special administrator's investigation into a claim
of elder abuse.
Rackmaster Systems, Inc. v. Maderia, 219 Ariz.
60, 193 P.3d 314 (App. 2008). The
trial court had concluded that a creditor could garnish
an Arizona bank account belonging to both spouses to satisfy a
Minnesota judgment against the husband, in connection with a
guaranty signed only by the husband. We represented the
wife on appeal, and were successful in reversing the trial court's
decision. The Court of Appeals held that the community
bank account was not subject to a writ of garnishment absent
the wife's signature on the guaranty.
Anderson v. Contes, 212 Ariz. 122,
128 P.3d 239 (App. 2006). The Court of Appeals held
that a husband in a divorce proceeding was not entitled
to a new judge as matter of right following remand based on
insufficiency of trial court's findings.
Austin Shea (Arizona) 7th Street and Van Buren,
L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (App.
2006). Where credible evidence supports the Board of
Adjustment's decision that its prior decision constituted
manifest error, the board could properly rehear the
case.
Case Corporation v. Gehrke, 208 Ariz. 140, 91
P.3d 362 (App. 2004). A retailer's use of sale
proceeds gave rise to a viable conversion claim, as supplier had
security interest in such proceeds.
Krohn v. Sweetheart Properties, Ltd., 203 Ariz. 205, 52
P.3d 774 (2002). Filed amicus brief on behalf of trustees'
association.
Paxson v. Glovitz, 203 Ariz. 63, 50 P.3d 420 (App.
2002). Described standards for imposition of
prescriptive easement.
Burns v. Davis, 196 Ariz. 155, 993 P.2d 1119 (App.
1999). Established level of privilege in defamation
cases.
Barnes v. Outlaw, 192 Ariz. 283, 964 P.2d 484
(1998). Recognizing loss of consortium for purely
emotional injuries - (cited in 21 cases).
In re Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (App.
1996). Established right of inheritance from biological
parent where child was adopted by step parent.
Valley Nat'l Bank of Arizona v. Kohlhase, 182 Ariz. 436,
897 P.2d 738 (App. 1995). Examined election of remedies
issues.
Gasho v. United States, 39 F.3d 1420 (9th Cir,
1994)(Fourth Amendment constitutional issues) (cited in
298 cases and in treatises on constitutional law).
Mid Kansas Federal S&L Assn of Wichita v. Dynamic
Development Corp., 167 Ariz. 122, 804 P.2d 1310 (1991).
Established parameters of AZ anti-deficiency statutes.
Corporate Investment Business Brokers v. Melcher, 824
F.2d 786 (9th Cir. 1987). Approved assertion of
jurusdiction over out-of-state franchisee.
Godbehere v. Phoenix Newspapers, 162 Ariz. 335, 783 P.2d
781 (1989). Established standards for invasion of privacy
claims.
Boswell v. Phoenix Newspapers, 152 Ariz. 9, 730 P.2d 186
(1986). Invalidated AZ's retraction statues as
unconstitutional.
Miller v. American Express Co., 688 F.2d 1235 (9th Cir.
1982) American Express violated Fair Credit Reporting
Act.
Phares v. Nutter, 125 Ariz. 291, 609 P.2d 561
(1980). Established ground for relief from judgment
registered under Revised Uniform Enforcement of Foreign Judgment
Act.
3200 North Central Avenue
. Phoenix . Arizona