Cited by
Opinions in Arizona that cite Jeter v. Mayo Clinic Arizona, 121 P.3d 1256.
- Stauffer v. Premier Service Mortgage, LLC 382 P.3d 790 Ariz. Ct. App. Div. 1 2016
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Stauffer v. Premier Service Mortgage, LLC
382 P.3d 790
Ariz. Ct. App. Div. 1 2016
The court, however, does not “accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well- pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.” ¶ 4
- Zeman v. Baumkirchner Ariz. Ct. App. Div. 1 2016
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Zeman v. Baumkirchner
Ariz. Ct. App. Div. 1 2016
The court, however, does not “accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.” ¶ 4
- Baiker v. Kaplan Ariz. Ct. App. Div. 1 2016
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Baiker v. Kaplan
Ariz. Ct. App. Div. 1 2016
“[W]e do not accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.”
- Pedco v. Under the Tent Ariz. Ct. App. Div. 1 2016
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Pedco v. Under the Tent
Ariz. Ct. App. Div. 1 2016
The court does not “accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.” ¶ 4
- Murray v. Farmers Insurance Company of Arizona .... 366 P.3d 117 Ariz. Ct. App. Div. 2 2016
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Murray v. Farmers Insurance Company of Arizona ....
366 P.3d 117
Ariz. Ct. App. Div. 2 2016
In applying this principle, we have held that plaintiffs could seek emotional damages for the destruction of their fertilized human eggs, ¶¶ 73-75, and for suffering, as a tenant, the annoyance and discomfort of living in inadequate housing
- Premier Physicians Group, PLLC v. Navarro 357 P.3d 840 Ariz. Ct. App. Div. 1 2015
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Premier Physicians Group, PLLC v. Navarro
357 P.3d 840
Ariz. Ct. App. Div. 1 2015
403 n. 23, ¶ 76, , 1273 n. 23 (App.2005).
- Merrick v. D. Hurley Ariz. Ct. App. Div. 1 2015
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Merrick v. D. Hurley
Ariz. Ct. App. Div. 1 2015
of action, including conversion; trespass; civil conspiracy; fraud; fraudulent concealment; negligent misrepresentation; intentional misrepresentation; intentional interference with business relationships; defamation;3 and intentional 1 In reviewing a motion to dismiss, “we review the well-pleaded facts alleged in the complaint as true,” ¶ 4, and resolve all reasonable inferences in favor of the plaintiff.
- Compassionate v. adhs/nelson Ariz. Ct. App. Div. 1 2015
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Compassionate v. adhs/nelson
Ariz. Ct. App. Div. 1 2015
“However, we do not accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.” ¶ 4
- Glava v. Jpmorgan Ariz. Ct. App. Div. 1 2015
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Glava v. Jpmorgan
Ariz. Ct. App. Div. 1 2015
2 In reviewing a motion to dismiss, “we review the well-pleaded facts alleged in the complaint as true,” ¶ 4, and resolve all reasonable inferences in favor of the plaintiff.
- Collins v. Valley Metro Ariz. Ct. App. Div. 1 2015
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Collins v. Valley Metro
Ariz. Ct. App. Div. 1 2015
1 In reviewing a motion to dismiss, “we review the well-pleaded facts alleged in the complaint as true,” ¶ 4, and resolve all reasonable inferences in favor of the plaintiff.
- Florence v. State Ariz. Ct. App. Div. 1 2014
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Florence v. State
Ariz. Ct. App. Div. 1 2014
“[W]e do not accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.” ¶ 4
- Abbott v. Banner Health Network 341 P.3d 478 Ariz. Ct. App. Div. 1 2014
- Abbott v. Banner Health Network 341 P.3d 478 Ariz. Ct. App. Div. 1 2014
- Anderson v. Prescott Ariz. Ct. App. Div. 1 2014
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Anderson v. Prescott
Ariz. Ct. App. Div. 1 2014
We do not accept as true, however, “inferences or deductions that are not necessarily implied by well-pleaded facts” or “unreasonable inferences or unsupported conclusions from such facts.” ¶ 4, (citation omitted).
- Café Valley, Inc. v. Navidi 330 P.3d 1009 Ariz. Ct. App. Div. 1 2014
- Café Valley, Inc. v. Navidi 330 P.3d 1009 Ariz. Ct. App. Div. 1 2014
- Hannosh v. Segal 328 P.3d 1049 Ariz. Ct. App. Div. 1 2014
- Hannosh v. Segal 328 P.3d 1049 Ariz. Ct. App. Div. 1 2014
- Southwest Non-Profit Housing Corporation v. Nowak, Kniffen, Martell 322 P.3d 204 Ariz. Ct. App. Div. 2 2014
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Southwest Non-Profit Housing Corporation v. Nowak, Kniffen, Martell
322 P.3d 204
Ariz. Ct. App. Div. 2 2014
Moreover, “we do not accept as true allegations consisting of conclusions of law, inferences or deductions that are not necessarily implied by well-pleaded facts, unreasonable inferences or unsupported conclusions from such facts, or legal conclusions alleged as facts.”
- Steinberger v. McVey 318 P.3d 419 Ariz. Ct. App. Div. 1 2014
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Steinberger v. McVey
318 P.3d 419
Ariz. Ct. App. Div. 1 2014
McCutchen, 147 Ariz. at 404 , 710 P.2d at 1059 ; see Lloyd, 176 Ariz. at 250 , 860 P.2d at 1303 (citing McCutchen , the court held that § 323 liability includes economic harm as well as physical ham); , 402, ¶ 70, (a person assuming a duty under § 323 may, in addition to liability for physical harm, be liable for economic harm); Renteria v. United States, 452 F.Supp.2d 910, 914 (D.Ariz.
- Koss Corp. v. American Express Co. 309 P.3d 898 Ariz. Ct. App. Div. 1 2013
- Koss Corp. v. American Express Co. 309 P.3d 898 Ariz. Ct. App. Div. 1 2013
- State v. Rios 237 P.3d 1052 Ariz. Ct. App. Div. 1 2010
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State v. Rios
237 P.3d 1052
Ariz. Ct. App. Div. 1 2010
403 n. 23, , 1273 n. 23 (App.2005) (citation omitted).
- Kaufman v. Langhofer 222 P.3d 272 Ariz. Ct. App. Div. 1 2009
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Kaufman v. Langhofer
222 P.3d 272
Ariz. Ct. App. Div. 1 2009
Co., , , , Kaufman and amici argue even if pets are considered personal property, these eases recognize a property owner may recover emotional distress damages when his or her property is negligently damaged or destroyed.
- Cain v. Horne 183 P.3d 1269 Ariz. Ct. App. Div. 2 2008
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Cain v. Horne
183 P.3d 1269
Ariz. Ct. App. Div. 2 2008
Although the trial court considered and rejected this argument, we “avoid addressing constitutional issues relating to a statute unless absolutely necessary to resolve a case.” , n. 23, , 1273 n. 23 (App.2005).
- Girouard v. Skyline Steel, Inc. 158 P.3d 255 Ariz. Ct. App. Div. 1 2007
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Girouard v. Skyline Steel, Inc.
158 P.3d 255
Ariz. Ct. App. Div. 1 2007
399, ¶ 54, (expansion of definition of viability for wrongful death claim involves policy determinations best left to Legislature).