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7 Arizona opinions name it 2 courts 2006–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
Estate of McGill Ex Rel. McGill v. Albrechtgreen2 sentences2017Id. at 530 , 531 ¶¶ 16, 22, 57 P.3d 384 . ¶ 15 The McGill test has proved to be problematic. 2017Id. at 530 , 531 ¶¶ 16, 22, 57 P.3d 384 . ¶ 15 The McGill test has proved to be problematic. | 2 | 3 |
Equihua v. Carondelet Health Networkgreen2 sentences2017See, e.g., Equihua v. Carondelet Health Network, 235 Ariz. 504 , 507-08 ¶¶ 8-14, 334 P.3d 194 (App. 2014) (applying the McGill test, the court distinguished between hospital staffs negligence in treating plaintiffs head and neck injuries, which it determined were not actionable under APSA, from staffs negligence in monitoring plaintiffs feeding tube, which it determined was actionable under APSA). 2017See, e.g., Equihua v. Carondelet Health Network, 235 Ariz. 504 , 507-08 ¶¶ 8-14, 334 P.3d 194 (App. 2014) (applying the McGill test, the court distinguished between hospital staffs negligence in treating plaintiffs head and neck injuries, which it determined were not actionable under APSA, from staffs negligence in monitoring plaintiffs feeding tube, which it determined was actionable under APSA). | 2 | 3 |
State v. Woodgreen2 sentences2006A.R.S. § 13-105.9(b) (defining knowingly); see State v. Wood, 180 Ariz. 53, 69 , 881 P.2d 1158, 1174 (1994). ¶ 27 The trial court correctly granted McGill’s motion to dismiss the aggravator as it related to Mary Near because McGill did not know that the attached apartment was occupied. 2006A.R.S. § 13-105.9(b) (defining knowingly); see State v. Wood, 180 Ariz. 53, 69 , 881 P.2d 1158, 1174 (1994). ¶ 27 The trial court correctly granted McGill’s motion to dismiss the aggravator as it related to Mary Near because McGill did not know that the attached apartment was occupied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Andrews v. Blake
green
2 sentences2017DISCUSSION ¶ 10 We review de novo both a grant of summary judgment, Andrews, 205 Ariz. at 240 ¶ 12, 69 P.3d 7 , and issues of statutory construction, In re Estate of Wyatt, 235 Ariz. 138 , 139 ¶ 5, 329 P.3d 1040 (2014). ¶ 11 Defendants argue Delgado has no actionable APSA claim because she cannot satisfy the third and fourth parts of the McGill test. 2017DISCUSSION ¶ 10 We review de novo both a grant of summary judgment, Andrews, 205 Ariz. at 240 ¶ 12, 69 P.3d 7 , and issues of statutory construction, In re Estate of Wyatt, 235 Ariz. 138 , 139 ¶ 5, 329 P.3d 1040 (2014). ¶ 11 Defendants argue Delgado has no actionable APSA claim because she cannot satisfy the third and fourth parts of the McGill test. | 2 | 2017–2017 |
Marika Delgado v. Manor Care of Tucson, Az, Llc,...william Amoureux
green
2 sentences2017Delgado v. Manor Care of Tucson, 240 Ariz. 293 , 299 ¶¶ 25-26, 378 P.3d 736 (App. 2016). 2017Delgado v. Manor Care of Tucson, 240 Ariz. 293 , 299 ¶¶ 25-26, 378 P.3d 736 (App. 2016). | 2 | 2017–2017 |
Wyatt Ex Rel. Estate of Wyatt v. Vanguard Health Systems, Inc.
green
2 sentences2017DISCUSSION ¶ 10 We review de novo both a grant of summary judgment, Andrews, 205 Ariz. at 240 ¶ 12, 69 P.3d 7 , and issues of statutory construction, In re Estate of Wyatt, 235 Ariz. 138 , 139 ¶ 5, 329 P.3d 1040 (2014). ¶ 11 Defendants argue Delgado has no actionable APSA claim because she cannot satisfy the third and fourth parts of the McGill test. 2017DISCUSSION ¶ 10 We review de novo both a grant of summary judgment, Andrews, 205 Ariz. at 240 ¶ 12, 69 P.3d 7 , and issues of statutory construction, In re Estate of Wyatt, 235 Ariz. 138 , 139 ¶ 5, 329 P.3d 1040 (2014). ¶ 11 Defendants argue Delgado has no actionable APSA claim because she cannot satisfy the third and fourth parts of the McGill test. | 2 | 2017–2017 |
Wyatt v. Vanguard Health System, Inc.
green
2 sentences2014See Estate of McGill, 203 Ariz. 525, ¶ 14 , 57 P.3d at 388 ; Estate of Wyatt, 232 Ariz. 506, ¶ 14 , 307 P.3d at 77 . ¶ 9 Here, St. 2014See Estate of McGill, 203 Ariz. 525, ¶ 14 , 57 P.3d at 388 ; Estate of Wyatt, 232 Ariz. 506, ¶ 14 , 307 P.3d at 77 . ¶ 9 Here, St. | 2 | 2014–2014 |
Ballesteros v. American Standard Insurance
green
2 sentences2017Co. of Wis., 226 Ariz. 346 , 349 ¶ 17, 248 P.3d 193 (2011) (stating “[i]f the legislature desires to add [] a requirement [to A.R.S. § 20-259.01], it may do so ... but it is not our place to rewrite the statute”). ¶ 23 Additionally, Defendants claim that based on the doctrine of legislative acquiescence, that the McGill test has been incorporated into APSA. 2017Co. of Wis., 226 Ariz. 346 , 349 ¶ 17, 248 P.3d 193 (2011) (stating “[i]f the legislature desires to add [] a requirement [to A.R.S. § 20-259.01], it may do so ... but it is not our place to rewrite the statute”). ¶ 23 Additionally, Defendants claim that based on the doctrine of legislative acquiescence, that the McGill test has been incorporated into APSA. | 1 | 2017–2017 |
In Re Thomas R.
green
2 sentences2017Co. of Wis., 226 Ariz. 345 , 349 ¶ 17 (2011) (stating “[i]f the legislature desires to add [] a requirement [to A.R.S. § 20–259.01], it may do so . . . but it is not our place to rewrite the statute”). ¶23 Additionally, Defendants claim that based on the doctrine of legislative acquiescence, that the McGill test has been incorporated into APSA. 2017Co. of Wis., 226 Ariz. 345 , 349 ¶ 17 (2011) (stating “[i]f the legislature desires to add [] a requirement [to A.R.S. § 20–259.01], it may do so . . . but it is not our place to rewrite the statute”). ¶23 Additionally, Defendants claim that based on the doctrine of legislative acquiescence, that the McGill test has been incorporated into APSA. | 1 | 2017–2017 |
State v. Fierroa
green
2 sentences2009Although upholding the (F)(3) aggravator as to persons whom McGill knew were in the apartment, we stated that “[t]he trial court correctly .granted McGill’s motion to dismiss the aggravator as it related to [a person in an attached apartment] because McGill did not know that the attached apartment was occupied.” Id. ¶ 27. ¶ 56 In contrast, in State v. Fierro, 166 Ariz. 539 , 804 P.2d 72 (1990), we found knowledge established. 2009Although upholding the (F)(3) aggravator as to persons whom McGill knew were in the apartment, we stated that “[t]he trial court correctly .granted McGill’s motion to dismiss the aggravator as it related to [a person in an attached apartment] because McGill did not know that the attached apartment was occupied.” Id. ¶ 27. ¶ 56 In contrast, in State v. Fierro, 166 Ariz. 539 , 804 P.2d 72 (1990), we found knowledge established. | 1 | 2009–2009 |
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.
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.