Cited by

Co., see also Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶¶ 27, 37 (App. 2000) (explaining that fees are authorized “only when the tort could not exist ‘but for’ the breach or avoidance of contract”).

To determine whether a claim arises out of contract, this court will consider “the fundamental nature of the action rather than the mere form of the pleadings.” Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 27 (App. 2000).

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

A tort claim arises out of contract “only when the tort could not exist ‘but for’ the breach or avoidance of contract.” Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 27 (App. 2000); see also Sparks v. Republic Nat.

§ 12-341.01 may apply to authorize an award of fees in tort cases, see, e.g., Ramsey Air Meds., L.L.C. v. Cutter Aviation, Inc., -16, ¶¶ 27-29 (App. 2000), Fornaris does not contend that such circumstances are present here, and so 7 TITLEMAX v. FORNARIS Decision of the Court has failed to justify his request.

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 27 (App. 2000).

even in the absence of a contract.” Ramsey Air Meds, L.L.C. v. Air Cutter Aviation, Inc., ¶ 27 (App. 2000).

See Ramsey Air Meds., L.L.C. v. Cutter Aviation, Inc., – 16, ¶ 27 (App. 2000).

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

Cf. Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., –16, ¶¶ 27–29 (App. 2000) (Negligent tortfeasor owes duty of care even in the absence of a contract so an award of fees under A.R.S.

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc.

See Modular Mining Sys., Inc. v. Jigsaw Techs., Inc., ¶ 23 (noting difficulties in arising-out-of-contract analysis); Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 19 (App. 2000) (same).

not be committed without an insurance contract and a breach thereof, and thus, was “so intrinsically related to the contract” that the action arose out of contract); ¶¶ 17-18 (App. 2003) (explaining fee statute applies if a contract is an “essential basis” of the action and not merely a “factual predicate”); Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 27 (App. 2000) (stating “the court should look to the fundamental nature of the action rather than the mere form of the pleadings”).

See Ramsey Air Meds, L.L.C. v. Cutter 12 SYNERGY, et al. v. SINGH, et al. Decision of the Court Aviation, Inc., ¶ 17 (App. 2000) (“A tort claim does not come within the attorneys’ fee statute by being interwoven with an unsuccessful contract claim.” (emphasis in original)).

See Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 17 (App. 2000) (“It is well-established that a successful party on a contract claim may recover not only attorneys’ fees expended on the contract claim, but also fees expended in litigating an ‘interwoven’ tort claim.”).

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., –16, ¶ 27 (App. 2000).

Ramsey Air Meds, LLC v. Cutter Aviation, Inc., -16, ¶ 27 (App. 2000).

Ramsey Air Meds, LLC. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc. , , ¶ 27

See Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 27 (App. 2000) ("[A] tort claim will 'arise out of a contract' only when the tort could not exist 'but for' the breach or avoidance of contract.

Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

§ 12-341.01(A) to Buxton’s claims is a question that “requires us to consider the voluminous and sometimes confusing case law interpreting the statutory phrase ‘arising out of a contract,’” Ramsey Air Meds, LLC v. Cutter Aviation, Inc., ¶ 18 (App. 2000), and one which we review de novo, id.

See Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 12 (App. 2000).

“It is well-established that a successful party on a contract claim may recover not only attorneys’ fees expended on the contract claim, but also fees expended in litigating an ‘interwoven’ tort claim.” Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶ 17 (App. 2000).