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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
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Wilcox v. Arpaio, 753
F.3d 872 (9th Cir. 2014) (enforceability of settlement agreement)
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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)
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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)
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In re Harrell, 73 F.3d
218 (9th Cir. 1996) (sports season ticket renewal rights as property of a
bankruptcy estate)
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In re North American Coin &
Currency, Ltd., 767 F.2d 1573 (9th Cir. 1985) (imposition of
constructive trust against property held by bankruptcy estate)
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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)
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In re Bowen, 198 B.R.
551 (9th Cir. BAP 1996) (enforceability of bankruptcy non-dischargeability
provision in stipulated fraud judgment)
Arizona Supreme Court
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Weitz Co. L.L.C. v. Heth,
235 Ariz. 405, 333 P.3d 23 (2014) (amicus brief) (equitable subrogation of lien)
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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)
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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)
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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)
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In re Price Waterhouse Ltd.,
202 Ariz. 397, 46 P.3d 408 (2002) (certified question) (effect of
subordination agreement upon multiple real property liens)
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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)
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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)
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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)
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Scappaticci v. Southwest Savings
and Loan Association, 135 Ariz. 456, 662 P.2d 131 (1983) (enforcement of
due-on-sale clauses in residential mortgages)
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Matter of Anonymous Member of
the State Bar of Arizona, 128 Ariz. 238, 624 P.2d 1286 (1981) (state bar
disciplinary proceedings)
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Mandraes v. Hungerford, 127
Ariz. 585, 623 P.2d 15 (1981) (challenge to nomination petition for county
office)
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In re Collins, 108 Ariz.
310, 497 P.2d 523 (1972) (application for writ of habeas corpus)
Arizona Court of Appeals
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Tobias v. Dailey, 196 Ariz.
418, 998 P.2d 1091 (App. 2000) (condemnation of private way of necessity)
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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)
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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)
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Herstam v. Deloitte & Touche,
LLP, 186 Ariz. 110, 919 P.2d 1381 (App. 1996) (waiver of joint and several
liability against non-settling tortfeasors)
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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)
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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)
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Kadish v. Arizona State Land
Department, 177 Ariz. 322, 868 P.2d 335 (App. 1993) (recovery of attorneys'
fees under private attorney general doctrine)
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Myers v. Wood, 174 Ariz.
434, 850 P.2d 672 (App. 1992) (accrual of legal malpractice cause of action for
statute of limitations purposes)
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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)
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Phoenix Orthopaedic Surgeons,
Ltd. v. Peairs, 164 Ariz. 54, 790 P.2d 752 (App. 1989) (enforceability of
restrictive covenant in employment contract of physician)
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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)
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Sundown Imports, Inc. v. Arizona
Department of Transportation, 115 Ariz. 428, 565 P.2d 1289 (App. 1977) (good
cause for termination of automobile franchise)
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