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   State Courts - Arizona - May 9 - May 22, 2002
  
Beaudry v. Ins. Co. of the W., 1 CA-CV 01-0384, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 9, 2002, Filed
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Overview: Appellate court declined to expand the tort of bad faith to cover a situation where contract damages for breach of a contract or for breach of an implied duty of good faith and fair dealing were adequate to protect the insured's interests.

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State v. Schinzel, 1 CA-CR 00-0996, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, May 9, 2002, Filed
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Overview: Police officer must generally advise a person "in custody" of his Miranda rights and secure a waiver before questioning that person about events that may lead to criminal charges, even if unrelated to the offense underlying custody.

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Kromko v. City of Tucson, 2 CA-CV 2002-0064, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 10, 2002, Filed
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Overview: Trial court erred in enjoining a city from disseminating a pamphlet regarding a ballot proposition for a transportation improvement plan; reasonable minds could differ as to whether the city's communications encouraged a vote for the proposition.

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Gunnell v. Ariz. Pub. Serv. Co., Arizona Supreme Court No. CV-01-0120-PR, SUPREME COURT OF ARIZONA, May 13, 2002, Filed
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Overview: When injured but negligent excavator asserted claim against negligent utility owner under Underground Facilities Act, excavator's negligence was question of contributory negligence for jury to consider under principles of comparative negligence.

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In re Turley, Arizona Supreme Court No. SB-02-0042-D, SUPREME COURT OF ARIZONA, May 13, 2002, Decided , May 13, 2002, Filed
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Overview: Attorney was suspended for six months and one day where, inter alia, he allowed trust account to become overdrawn and deposited personal funds in account. Had he participated in disciplinary hearings, a shorter suspension would have been imposed.

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Bike Fashion Corp. v. Kramer, 1 CA-CV 01-0300, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 16, 2002, Filed
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Overview: Trial court erred when it instructed jury that party to contract was not liable for breach of implied covenant of good faith and fair dealing when there was express contract provision relating to same subject.

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Widoff v. Wiens, 1 CA-CV 01-0630, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, May 16, 2002, Filed
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Overview: Court appointed guardian ad litem and attorney that he appointed to assist with the matter and act as child's guardian ad litem both had complete immunity from suit by child's mother even though attorney had not actually been appointed by court.

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In re Buffenstein, Arizona Supreme Court No. SB-01-0171-D, SUPREME COURT OF ARIZONA, May 20, 2002, Decided , May 20, 2002, Filed
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Hurley Trucking v. State ex rel. Ariz. DOT, Arizona Supreme Court No. CV-02-0075-PR, SUPREME COURT OF ARIZONA, May 21, 2002, Decided , May 21, 2002, Filed
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Douglas Auto v. Zazueta, 2 CA-IC 2000-0053, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 22, 2002, Decided , May 22, 2002, Filed
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