matter of law bar (Arizona) · Go Syfert
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matter of law bar in Arizona

6 Arizona opinions name it 2 courts 1967–2016 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.

Followed or applied (4)

CaseFollowedCited
In Re Krohngreen
ariz · 2002 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013See In re Krohn, 203 Ariz. 205, 210, ¶ 18 , 52 P.3d 774, 779 (2002) (Arizona courts do not follow the Restatement in the face of “legislative enactment” to the contrary). 4 ¶ 22 Finally, in urging us to reverse the summary judgment against her, Jamerson argues that Arizona should join several other jurisdictions in holding under the common law that, absent a contrary intent of the settling parties, a settlement with the principal does not as a matter of law bar a claim against the agent. 5 Because § 12-2504 preserves Jamerson’s claim against American, we need not address the issue under the co

2013See In re Krohn, 203 Ariz. 205, 210, ¶ 18 , 52 P.3d 774, 779 (2002) (Arizona courts do not follow the Restatement in the face of “legislative enactment” to the contrary). 4 ¶ 22 Finally, in urging us to reverse the summary judgment against her, Jamerson argues that Arizona should join several other jurisdictions in holding under the common law that, absent a contrary intent of the settling parties, a settlement with the principal does not as a matter of law bar a claim against the agent. 5 Because § 12-2504 preserves Jamerson’s claim against American, we need not address the issue under the co

11
Burns v. Davisgreen
arizctapp · 1999 · cited in 1 Arizona opinions naming this issue, 2005–2005
2 sentences

2005See Burns v. Davis, 196 Ariz. 155 , 164 ¶ 36, 993 P.2d 1119, 1128 (App.1999).

2005See Burns v. Davis, 196 Ariz. 155 , 164 ¶ 36, 993 P.2d 1119, 1128 (App.1999).

11
Mann v. Thompsongreen
fladistctapp · 1960 · cited in 1 Arizona opinions naming this issue, 1997–1997
1 sentence

1997In Markel, the court refused to deny relief on the ground that the appellant had failed to file a supersedeas bond. 103 Ariz. at 363 , 442 P.2d at 107 . “ ‘An appellant’s election not to take the steps necessary to supersede or stay the judgment or decree pending appeal does not as a matter of law bar his entitlement to restitution upon reversal by the appellate court.’” Id. (quoting Mann v. Thompson, 118 So.2d 112, 114 (Fla.App.1960)).

11
Hartline v. Clarygreen
southcarolinaed · 1956 · cited in 1 Arizona opinions naming this issue, 1967–1967
1 sentence

1967See Hartline v. Clary, D.C., 141 F.Supp. 151 (1956).

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 (4)

CaseCitedYears
Desert Palm Surgical Group, P.L.C. v. Petta green
arizctapp · 2015
1 sentence

2016A judgment as a matter of law should be entered only “if the facts produced in support of the claim or defense have so little probative value, given the quantum of evidence required, that reasonable people could not agree with the conclusion advanced by the proponent of the claim or defense.” Desert Palm Surgical Group, P.L.C. v. Petta, 236 Ariz. 568 , 578 ¶ 25 (App. 2015) (citations omitted).

12016–2016
Green Acres Trust v. London green
ariz · 1984
2 sentences

2005Thus, the holding of the court in Consumers Union is consistent with Arizona authority and fails to address the issue of "group defamation." [7] Although both "absolute" and "qualified" privileges exist for defamatory or injurious statements, see, e.g., Green Acres Trust, 141 Ariz. at 612-13 , 688 P.2d at 620-21 , because qualified privileges depend on the occasion and the scope of the privilege, rarely can a reviewing court determine that a qualified privilege exists as a matter of law to bar the plaintiff's action.

2005Thus, the holding of the court in Consumers Union is consistent with Arizona authority and fails to address the issue of "group defamation." [7] Although both "absolute" and "qualified" privileges exist for defamatory or injurious statements, see, e.g., Green Acres Trust, 141 Ariz. at 612-13 , 688 P.2d at 620-21 , because qualified privileges depend on the occasion and the scope of the privilege, rarely can a reviewing court determine that a qualified privilege exists as a matter of law to bar the plaintiff's action.

12005–2005
Markel v. Transamerica Title Insurance Company green
ariz · 1968
2 sentences

1997In Markel, the court refused to deny relief on the ground that the appellant had failed to file a supersedeas bond. 103 Ariz. at 363 , 442 P.2d at 107 . “ ‘An appellant’s election not to take the steps necessary to supersede or stay the judgment or decree pending appeal does not as a matter of law bar his entitlement to restitution upon reversal by the appellate court.’” Id. (quoting Mann v. Thompson, 118 So.2d 112, 114 (Fla.App.1960)).

1997In Markel, the court refused to deny relief on the ground that the appellant had failed to file a supersedeas bond. 103 Ariz. at 363 , 442 P.2d at 107 . “ ‘An appellant’s election not to take the steps necessary to supersede or stay the judgment or decree pending appeal does not as a matter of law bar his entitlement to restitution upon reversal by the appellate court.’” Id. (quoting Mann v. Thompson, 118 So.2d 112, 114 (Fla.App.1960)).

11997–1997
Lytle v. Payette-Oregon Slope Irrigation District green
or · 1944
2 sentences

1968Dist, 175 Or. 276 , 152 P.2d 934 , the Oregon Supreme Court had before it a case where the defendant argued that the plaintiff might have saved himself from the loss of the use of his property by giving a supersedeas bond.

1968Dist, 175 Or. 276 , 152 P.2d 934 , the Oregon Supreme Court had before it a case where the defendant argued that the plaintiff might have saved himself from the loss of the use of his property by giving a supersedeas bond.

11968–1968

Where else courts name it

TX 76 (1960–2026) CA 36 (1932–2025) NY 35 (1922–2021) NC 26 (1913–2020) GA 10 (1923–2006) NJ 9 (1958–2006) MO 8 (1928–2024) OH 7 (1961–2017) MN 7 (1955–2026) FL 7 (1959–2019) AZ 6 (1967–2016) OR 6 (1918–1987) IN 5 (1982–2020) IL 5 (1984–2011) IA 5 (1921–2017) PA 5 (1988–2010) MI 5 (1921–1992) MD 5 (1968–2017) UT 4 (1989–2024) WI 4 (1907–1971) CO 4 (1996–2025) NM 4 (1987–2012) VA 3 (1982–1991) RI 3 (1997–2006) ME 3 (2001–2015) MT 3 (1964–2008) ND 3 (1941–2013) ID 2 (1981–1995) DC 2 (1977–1987) WA 2 (1989–1999) HI 2 (1942–1998) DE 2 (1993–1993) CT 2 (1990–1995) OK 2 (1967–1972) SC 2 (2001–2021) SD 2 (1987–2007) MS 2 (1960–2015)

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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