reasonable expectation test (Arizona) · Go Syfert
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reasonable expectation test in Arizona

8 Arizona opinions name it 2 courts 1978–2021 2 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 (2)

CaseFollowedCited
Carpenter v. United Statesgreen
scotus · 2018 · cited in 2 Arizona opinions naming this issue, 2021–2021
2 sentences

2021See Carpenter, 138 S. Ct. at 2216 . ¶45 The dissent asserts that the reasonable expectation inquiry provides an “amorphous standard” that is absent in our constitutional text.

2021See Carpenter, 138 S. Ct. at 2216 . ¶45 The dissent asserts that the reasonable expectation inquiry provides an “amorphous standard” that is absent in our constitutional text.

22
Darner Motor Sales, Inc. v. Universal Underwriters Insurancegreen
ariz · 1984 · cited in 4 Arizona opinions naming this issue, 1986–2000
2 sentences

1986Paul test by expanding the “reasonable condition” language so as to create a policy exclusion based upon the condition of the building at the time of the collapse. 1 Additionally, appellant argues that applying the reasonable condition requirement under these circumstances violates the reasonable expectation doctrine and the principles set forth in Darner Motor Sales, Inc. v. Universal Underwriters Insurance Co., 140 Ariz. 383 , 682 P.2d 388 (1984), since it was within the reasonable expectation of the insured that losses triggered by wind would be covered by the term “windstorm.” Appellant al

1986Paul test by expanding the “reasonable condition” language so as to create a policy exclusion based upon the condition of the building at the time of the collapse. 1 Additionally, appellant argues that applying the reasonable condition requirement under these circumstances violates the reasonable expectation doctrine and the principles set forth in Darner Motor Sales, Inc. v. Universal Underwriters Insurance Co., 140 Ariz. 383 , 682 P.2d 388 (1984), since it was within the reasonable expectation of the insured that losses triggered by wind would be covered by the term “windstorm.” Appellant al

14

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 (2)

CaseCitedYears
United States v. Miller red
scotus · 1976
2 sentences

2019Justices Brennan and Marshall also dissented in Miller . 425 U.S. at 447 -56 , 96 S.Ct. 1619 .

2019Justices Brennan and Marshall also dissented in Miller . 425 U.S. at 447 -56 , 96 S.Ct. 1619 .

12019–2019
Barker v. Lull Engineering Co. green
cal · 1978
2 sentences

1978As Barker points out, however, the reasonable expectation test may not be applicable in a large number of design cases, for “in many situations . . . the consumer would not know what to expect, because he would have no idea how safe the product could be made.” 20 Cal.3d at 430 , 143 Cal. Rptr. at 237 , 573 P.2d at 454 , (quoting Wade, On the Nature of Strict Tort Liability for Products, 44 Miss.L.J. 825, 829).

1978As Barker points out, however, the reasonable expectation test may not be applicable in a large number of design cases, for “in many situations . . . the consumer would not know what to expect, because he would have no idea how safe the product could be made.” 20 Cal.3d at 430 , 143 Cal. Rptr. at 237 , 573 P.2d at 454 , (quoting Wade, On the Nature of Strict Tort Liability for Products, 44 Miss.L.J. 825, 829).

11978–1978

Statutes the citing opinions construe

USC § 19u.s.c.1509 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 13 (1966–2016) MN 9 (1985–2015) IL 9 (1985–2012) AZ 8 (1978–2021) OH 7 (2000–2025) WA 7 (1996–2024) NJ 7 (1982–2019) AL 6 (1991–2007) AK 3 (1996–2025) PA 3 (1986–2024) MO 3 (1982–2013) MI 3 (1988–2014) IA 3 (1981–2016) WI 2 (2016–2023) ND 2 (1988–2002) MA 2 (1984–2019) NE 2 (2017–2025) KY 2 (2023–2024) FL 2 (1996–2017) DC 2 (1971–2021) CO 2 (1999–2005) NY 2 (1979–2006) DE 2 (2016–2019) OK 2 (1996–2009) LA 2 (1998–2007)

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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