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State Courts -
Arizona - January 3 - January 26, 2006
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Chaurasia v. GMC, 1 CA-CV 04-0264,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 3, 2006, Filed
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Overview: In a car buyer's suit under the Magnuson-Moss Warranty Act, 15 U.S.C.S. ?? 2301-2312, against the car's manufacturer, the manufacturer was entitled to summary judgment as the buyer failed to demonstrate the manufacturer refused or otherwise failed to pay for the repair to a covered item as per the terms of the limited warranty.
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State v. Wall, Arizona Supreme Court No. CR-05-0089-PR,
SUPREME COURT OF ARIZONA, January 12, 2006, Filed
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Overview: In attempted robbery trial, trial court erred in not giving lesser-included instruction, despite defendant's all-or-nothing defense, because evidence indicated that defendant only intended theft by ruse; therefore, instruction on attempted theft, pursuant to Ariz. Rev. Stat. ? 13-1001(C)(7) and Ariz. Rev. Stat. ? 13-1802(E), should have been given.
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Ariz. Dep't of Revenue v. Salt River Project Agric. Improvement & Power Dist., 1 CA-TX 04-0016, 1 CA-TX 04-0021 (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, January 19, 2006, Filed
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Overview: Pursuant to Ariz. Rev. Stat. ? 42-14154, Arizona Department of Revenue could not include contributions in aid of construction (CIAC) in tax base when valuing taxpayers' property; under FERC regulations, CIAC were excluded from the rate base, and therefore they earned no return to a utility and were not properly incorporated into tax base.
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In re Consol. Zicam Prod. Liab. Cases v. Zensano, Inc., 1 CA-CV 05-0196,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 26, 2006, Filed
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Overview: In customers' products liability suit against foreign corporations, which owned an interest in the Arizona manufacturer, the corporations' motion to dismiss for lack of personal jurisdiction under Ariz. R. Civ. P. 4.2 was properly granted as the customers did not provide prima facie evidence of a contact with Arizona giving rise to their claims.
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