Sacks Tierney P.A.

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James W. Armstrong

Jim Armstrong

Gaye L. Gould

Gaye L. Gould

Patty A. Ferguson

Patty Ferguson-Bohnee

Clifford J. Roth

Cliff Roth

 

LEGAL SERVICES

Appellate Attorneys

Winning a case on appeal often requires skill, experience and strategy that differ dramatically from the qualities of an effective trial attorney.

Article: Analyzing Cross-Appeals in Federal Court (2013)

During the firm's 50-year history, Sacks Tierney's appellate lawyers have honed the art of appellate advocacy through dozens of arguments before the Arizona Court of Appeals, Arizona Supreme Court, U.S. Court of Appeals, and U.S. Supreme Court.

We are highly skilled in the presentation of legal issues and arguments supporting our clients' positions in high-stakes controversy. Following is a list of published opinions in appeals argued by Sacks Tierney attorneys.

Federal Courts of Appeals

  • Wilcox v. Arpaio, 753 F.3d 872 (9th Cir. 2014) (enforceability of settlement agreement)

  • Sabelko v. City of Phoenix, 68 F.3d 1169 (9th Cir. 1995), vacated and remanded, 519 US 1144 (1997), aff'd, 120 F.3d 161 (9th Cir. 1997) (constitutionality of health care facility buffer zone ordinance)

  • Keams v. Tempe Technical Institute, Inc., 39 F.3d 222 (9th Cir. 1994) (preemption of state tort law claim by Higher Education Act), appeal after remand, 110 F.3d 44 (9th Cir. 1997) (duty of care owed to students by private school accrediting agencies)

  • In re Harrell, 73 F.3d 218 (9th Cir. 1996) (sports season ticket renewal rights as property of a bankruptcy estate)

  • In re North American Coin & Currency, Ltd., 767 F.2d 1573 (9th Cir. 1985) (imposition of constructive trust against property held by bankruptcy estate)

  • Laventhol, Krekstein, Horwath & Horwath v. Horwitch, 637 F.2d 672 (9th Cir. 1980) (co-defendants' right to contribution or indemnity in action for securities fraud)

  • In re Bowen, 198 B.R. 551 (9th Cir. BAP 1996) (enforceability of bankruptcy non-dischargeability provision in stipulated fraud judgment)

Arizona Supreme Court

  • Weitz Co. L.L.C. v. Heth, 235 Ariz. 405, 333 P.3d 23 (2014) (amicus brief) (equitable subrogation of lien)

  • Arizona Independent Redistricting Commission v. Brewer, 229 Ariz. 347, 275 P.3d 1267 (2012) (special action) (propriety of governor's removal of congressional redistricting commission chairperson)

  • In re General Adjudication of All Rights to Use Water in the Gila River System, 217 Ariz. 276, 173 P.3d 440 (2007) (objections to settlement of tribal water rights claim)

  • Johnson v. Earnhardt's Gilbert Dodge, 212 Ariz. 381, 132 P.3d 825 (2006) (amicus brief) (ability to limit implied warranty of merchantability under Magnuson-Moss Warranty Act)

  • In re Price Waterhouse Ltd., 202 Ariz. 397, 46 P.3d 408 (2002) (certified question) (effect of subordination agreement upon multiple real property liens)

  • Tracy v. Superior Court, 168 Ariz. 21, 810 P.2d 1030 (1991) (special action) (application of the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings to the Navajo Nation)

  • Lasma Corp. v. Monarch Insurance  Co. of Ohio, 159 Ariz. 59, 764 P.2d 1118 (1988) (insurance coverage dispute relating to death of Arabian horse)

  • DVM Co. v. Stag Tobacconist, Ltd., 137 Ariz. 466, 671 P.2d 907 (1983) (recoverability of attorneys' fees in a forcible entry and detainer action)

  • Scappaticci v. Southwest Savings and Loan Association, 135 Ariz. 456, 662 P.2d 131 (1983) (enforcement of due-on-sale clauses in residential mortgages)

  • Matter of Anonymous Member of the State Bar of Arizona, 128 Ariz. 238, 624 P.2d 1286 (1981) (state bar disciplinary proceedings)

  • Mandraes v. Hungerford, 127 Ariz. 585, 623 P.2d 15 (1981) (challenge to nomination petition for county office)

  • In re Collins, 108 Ariz. 310, 497 P.2d 523 (1972) (application for writ of habeas corpus)

Arizona Court of Appeals

  • Stair v. Maricopa County, 245 Ariz. 257, 429 P.3d 1151 (App. 2018) (dismissal of negligence and gross negligence claims based on absence of duty of care)

  • Watkins v. Arpaio, 239 Ariz. 168, 367 P.3d 72 (App. 2016) (application of continuing wrong doctrine to statute of limitations for claims against public entity)

  • Ellsworth Land and Livestock Inc. v. Bush, 224 Ariz. 542, 233 P.3d 655 (App. 2010) (jurisdiction to grant writ of garnishment against out-of-state annuity company)

  • Coplan v. Arizona State Board of Appraisal, 222 Ariz. 599, 218 P.3d 1056 (App. 2009) (proper standard of review over sanction imposed by state board of appraisal)

  • Arizona Minority Coalition for Fair Redistricting v. Arizona Independent Redistricting Commission, 211 Ariz. 337, 121 P.3d 843 (App. 2005) (constitutionality of legislative and congressional redistricting)

  • Beaudry v. Insurance Company of the West, 203 Ariz. 86, 50 P.3d 836 (App. 2002) (bad faith breach of insurance contract to pay policy dividends)

  • In re Estate of Fogleman, 197 Ariz. 252, 3 P.3d 1172 (App. 2000) (scope of ethical and fiduciary duties owed by personal representative of a decedent's estate and his attorneys)

  • Tobias v. Dailey, 196 Ariz. 418, 998 P.2d 1091 (App. 2000) (condemnation of private way of necessity)

  • Hospital Corp. of Northwest, Inc. v. Arizona Department of Health Services, 195 Ariz. 383, 988 P.2d 168 (App. 1999) (authorized scope of practice for certified paramedics working in hospital emergency rooms)

  • Harris Trust Bank of Arizona v. Superior Court, 188 Ariz. 159, 933 P.2d 1227 (App. 1996) (special action) (availability of statute of limitations defense in a breach of fiduciary duty action brought by beneficiary of an express trust)

  • Herstam v. Deloitte & Touche, LLP, 186 Ariz. 110, 919 P.2d 1381 (App. 1996) (waiver of joint and several liability against non-settling tortfeasors)

  • Waste Manufacturing & Leasing Corp. v. Hambicki, 183 Ariz. 84, 900 P.2d 1220 (App. 1995) (applicability of Consumer Fraud Act to sale of an existing business entity)

  • All-Way Leasing, Inc. v. Kelly, 182 Ariz. 213, 895 P.2d 125 (App. 1994) (liability of marital community property for breach of lease signed solely by husband)

  • Kadish v. Arizona State Land Department, 177 Ariz. 322, 868 P.2d 335 (App. 1993) (recovery of attorneys' fees under private attorney general doctrine)

  • Myers v. Wood, 174 Ariz. 434, 850 P.2d 672 (App. 1992) (accrual of legal malpractice cause of action for statute of limitations purposes)

  • Siegel v. Arizona State Liquor Board, 167 Ariz. 400, 807 P.2d 1136 (App. 1991) (effect of tie vote on state liquor board's ability to deny application to transfer liquor license)

  • Phoenix Orthopaedic Surgeons, Ltd. v. Peairs, 164 Ariz. 54, 790 P.2d 752 (App. 1989) (enforceability of restrictive covenant in employment contract of physician)

  • Greenfield v. Cheek, 122 Ariz. 70, 593 P.2d 293 (1978), approved and adopted, 122 Ariz. 57, 593 P.2d 281 (1979) (exemption of stock transaction from federal and state registration statutes)

  • Sundown Imports, Inc. v. Arizona Department of Transportation, 115 Ariz. 428, 565 P.2d 1289 (App. 1977) (good cause for termination of automobile franchise)