control test (Arizona) · Go Syfert
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control test in Arizona

10 Arizona opinions name it 2 courts 1968–2025 3 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Tostado v. City of Lake Havasugreen
arizctapp · 2008 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See Tostado, 220 Ariz. at 202 ¶ 28 (applying Restatement § 328E); Timmons v. Ross Dress for Less, Inc., 234 Ariz. 569 , 570–71 ¶ 8 (App. 2014) (same).

11
Jolly v. Kent Realty, Inc.green
arizctapp · 1986 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See Jolly v. Kent Realty, Inc., 151 Ariz. 506 , 512 n.4 (App. 1986) ("The fundamental requisites of a partnership . . . [include] community of power in administration."); Tafoya v. Trisler, 8 Ariz. App. 250, 253 (1968) 6 POWERS STEEL v. VINTON STEEL, et al.

11
Tafoya v. Trislergreen
arizctapp · 1968 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See Jolly v. Kent Realty, Inc., 151 Ariz. 506 , 512 n.4 (App. 1986) ("The fundamental requisites of a partnership . . . [include] community of power in administration."); Tafoya v. Trisler, 8 Ariz. App. 250, 253 (1968) 6 POWERS STEEL v. VINTON STEEL, et al.

11
Strait v. Hale Construction Co.green
calctapp · 1972 · cited in 1 Arizona opinions naming this issue, 1996–1996
2 sentences

1996See Strait, 103 Cal.Rptr. at 492 (“The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.”); see also Bright v. Cargill, Inc., 251 Kan. 387 , 837 P.2d 348, 364 (1992); Note, Borrowed Servants and the Theory of Enterprise Liability, 76 Yale L.J. 807 (1967).

1996See Strait, 103 Cal. Rptr. at 492 ("The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer's enterprise, are placed upon that enterprise itself, as a required cost of doing business."); see also Bright v. Cargill, Inc., 251 Kan. 387 , 837 P.2d 348, 364 (1992); Note, Borrowed Servants and the Theory of Enterprise Liability, 76 Yale L.J. 807 (1967).

11
Bright v. Cargill, Inc.green
kan · 1992 · cited in 1 Arizona opinions naming this issue, 1996–1996
2 sentences

1996See Strait, 103 Cal.Rptr. at 492 (“The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.”); see also Bright v. Cargill, Inc., 251 Kan. 387 , 837 P.2d 348, 364 (1992); Note, Borrowed Servants and the Theory of Enterprise Liability, 76 Yale L.J. 807 (1967).

1996See Strait, 103 Cal.Rptr. at 492 (“The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.”); see also Bright v. Cargill, Inc., 251 Kan. 387 , 837 P.2d 348, 364 (1992); Note, Borrowed Servants and the Theory of Enterprise Liability, 76 Yale L.J. 807 (1967).

11
Byars v. Arizona Public Service Companygreen
arizctapp · 1975 · cited in 1 Arizona opinions naming this issue, 1988–1988
2 sentences

1988The need for flexibility in applying the exclusive control test has been recognized by this court in Byars v. Arizona Public Service Company, 24 Ariz.App. 420, 426 , 539 P.2d 534, 540 (1975), where we stated: It is true that the exclusive control test is not one to be strictly or rigidly applied.

1988The need for flexibility in applying the exclusive control test has been recognized by this court in Byars v. Arizona Public Service Company, 24 Ariz.App. 420, 426 , 539 P.2d 534, 540 (1975), where we stated: It is true that the exclusive control test is not one to be strictly or rigidly applied.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Danial v. Indus. Comm'n of Ariz. green
arizctapp · 2019
1 sentence

2025Id. ¶9 To start, we reject J-King’s argument that the ALJ made factual errors in applying § 23-902 and the control test.

12025–2025
State v. City of Kingman green
arizctapp · 2008
1 sentence

2021Opinion of the Court same effect).; State v. City of Kingman, 217 Ariz. 485 , 488 ¶ 9 (App. 2008) (holding that “when a city exercises actual control over [a state] roadway, it may assume joint liability [with the state] for a failure to keep a roadway safe even absent the existence of an [intergovernmental agreement]”) (emphasis added). ¶17 The Restatement (Second) of Torts, § 328E(a), which has been adopted by Arizona, also uses an actual control standard.

12021–2021
Timmons v. Ross Dress for Less, Inc. green
arizctapp · 2014
1 sentence

2021See Tostado, 220 Ariz. at 202 ¶ 28 (applying Restatement § 328E); Timmons v. Ross Dress for Less, Inc., 234 Ariz. 569 , 570–71 ¶ 8 (App. 2014) (same).

12021–2021
United States Department of Justice v. Tax Analysts green
scotus · 1989
2 sentences

1991An agency has control over the documents when they “have come into the agency’s possession in the legitimate con *542 duct of its official duties.” Tax Analysts, 492 U.S. at 145 , 109 S.Ct. at 2848 .

1991An agency has control over the documents when they “have come into the agency’s possession in the legitimate con *542 duct of its official duties.” Tax Analysts, 492 U.S. at 145 , 109 S.Ct. at 2848 .

11991–1991
Barcott v. State, Department of Public Safety green
alaska · 1987
1 sentence

1990Id.

11990–1990
Zentz v. Coca Cola Bottling Co. green
cal · 1952
2 sentences

1975Zentz v. Coca Cola Bottling Co. of Fresno, 39 Cal.2d 436 , 247 P.2d 344 (1952).

1975Zentz v. Coca Cola Bottling Co. of Fresno, 39 Cal.2d 436 , 247 P.2d 344 (1952).

11975–1975
Chimel v. California red
scotus · 1969
2 sentences

1970Defendant’s next assertion is that even though the arrest may have been lawful, the search was unreasonable in that it extended to areas beyond the defendant’s control in violation of the principles laid down by the United States Supreme Court in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969).

1970Defendant’s next assertion is that even though the arrest may have been lawful, the search was unreasonable in that it extended to areas beyond the defendant’s control in violation of the principles laid down by the United States Supreme Court in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969).

11970–1970
Crystal Coca-Cola Bottling Co. v. Cathey green
ariz · 1957
2 sentences

1968Eisenbeiss v. Payne, 42 Ariz. 262 , 25 P.2d 162 (1933); Crystal Coca-Cola Bottling Co. v. Cathey, 83 Ariz. 163 , 317 P.2d 1094 (1957).

1968Eisenbeiss v. Payne, 42 Ariz. 262 , 25 P.2d 162 (1933); Crystal Coca-Cola Bottling Co. v. Cathey, 83 Ariz. 163 , 317 P.2d 1094 (1957).

11968–1968
Eisenbeiss v. Payne green
ariz · 1933
2 sentences

1968Eisenbeiss v. Payne, 42 Ariz. 262 , 25 P.2d 162 (1933); Crystal Coca-Cola Bottling Co. v. Cathey, 83 Ariz. 163 , 317 P.2d 1094 (1957).

1968Eisenbeiss v. Payne, 42 Ariz. 262 , 25 P.2d 162 (1933); Crystal Coca-Cola Bottling Co. v. Cathey, 83 Ariz. 163 , 317 P.2d 1094 (1957).

11968–1968

Where else courts name it

NJ 51 (1951–2025) PA 47 (1929–2023) CA 37 (1930–2025) MI 35 (1929–2026) NY 33 (1888–2026) IL 24 (1979–2023) TX 18 (1967–2025) DE 12 (1992–2025) MO 12 (1892–2023) AL 10 (1987–1999) WI 10 (1970–2026) AZ 10 (1968–2025) HI 9 (1957–2025) MS 9 (1964–2017) IA 9 (1936–2025) NC 8 (1938–2022) MN 7 (1909–2015) FL 7 (1977–2024) MT 7 (1976–2002) GA 7 (1938–2001) IN 6 (1980–2025) MD 6 (1944–2025) NM 6 (1968–2023) CO 6 (1931–2009) MA 6 (1996–2023) OR 5 (1982–2019) TN 5 (1976–2019) OK 5 (1937–2010) VT 5 (1991–2015) RI 5 (1959–2013) CT 5 (1975–2021) LA 4 (1940–2005) NV 4 (1996–2014) KY 4 (1845–2022) WA 4 (2013–2024) UT 3 (1942–2022) ME 3 (1996–2026) KS 3 (1915–2009) AR 3 (1982–2000) DC 2 (2022–2024) VA 2 (1988–1995) NH 2 (1973–1977) SC 2 (1996–2009) OH 2 (2012–2018) NE 2 (1991–1998) AK 2 (1972–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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