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Massoli v. Regan Media, et al

MOTION for Determination that Arizona Law Applies to Case

14 Cited authorities

  1. City of Buffalo v. Clement Co.

    28 N.Y.2d 241 (N.Y. 1971)   Cited 327 times
    Holding that a de facto taking had occurred at a date earlier than the actual date of taking because the ten-year long protracted delay between the announcement of the taking and the actual date of the taking had significantly destroyed the value of the defendant's property

  2. ESPN, Inc. v. Office of Comm'r of Baseball

    76 F. Supp. 2d 383 (S.D.N.Y. 1999)   Cited 107 times
    Holding party could seek rescission of contract after negotiations revealed that anticipatory breach claim was appropriate

  3. General Motors Accep. Corp. v. Clifton-Fine Cent

    85 N.Y.2d 232 (N.Y. 1995)   Cited 100 times
    Explaining that, in New York, "[w]aiver requires the voluntary and intentional abandonment of a known right which, but for the waiver, would have been enforceable"

  4. Am. Continental Life Ins. v. Ranier Const

    125 Ariz. 53 (Ariz. 1980)   Cited 79 times   1 Legal Analyses
    Holding that "waiver is either the express, voluntary, intentional relinquishment of a known right or such conduct as warrants an inference of such an intentional relinquishment"

  5. Meineke v. Twin City Fire Ins. Co.

    181 Ariz. 576 (Ariz. Ct. App. 1995)   Cited 37 times   1 Legal Analyses
    Holding that since "appraisal is analogous to arbitration . . . we apply principles of arbitration law to this dispute regarding an insurance policy appraisal clause"

  6. Gagan v. Sharar

    376 F.3d 987 (9th Cir. 2004)   Cited 16 times

    No. 02-15449. Argued and Submitted May 14, 2003. Filed July 22, 2004. Dow Glenn Ostlund, Tiffany Bosco, P.A., Phoenix, AZ, for the appellant. C. Joseph Yast, Law Office of C. Joseph Yast, Northfield, Ill, for the appellee. Appeal from the United States District Court for the District of Arizona; Robert C. Broomfield, District Judge, Presiding. D.C. No. CV-99-01427-RCB. Before: CANBY, KLEINFELD, and RAWLINSON, Circuit Judges. KLEINFELD, Circuit Judge. This case concerns execution in a community property

  7. Matter of Noel R. Shahan Trust

    188 Ariz. 74 (Ariz. Ct. App. 1997)   Cited 11 times

    No. 2 CA-CV 96-0245. November 29, 1996. Redesignated as Opinion and Publication Ordered February 5, 1997. Appeal from the Superior Court, Maricopa County, No. PB 93-02220, Kenneth W. Reeves, III, J. pro tem. Byrnes Himelrick, P.L.L.C. by Richard G. Himelrick, Scottsdale, and Michael Salcido, P.C. by Michael Salcido, Scottsdale, for Petitioner/Appellant. Fennemore Craig, P.C. by Roger T. Hargrove and Mark H. Brain, Phoenix, for Respondents/Appellees. OPINION DRUKE, Chief Judge. Noel Shahan, a trust

  8. Donn v. Sowers

    103 A.D.2d 734 (N.Y. App. Div. 1984)   Cited 10 times

    July 2, 1984 In an action, inter alia, for enforcement of restrictive covenants, defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Cohalan, J.), entered September 16, 1983, after a nonjury trial, as (1) ordered them to demolish in its entirety the beachhouse structure on their premises, (2) ordered them to either (a) reduce by truncation the size of their apartment-garage at its present location from two and one-half stories to one story

  9. Oleg Cassini, Inc. v. Couture Coordinates, Inc.

    297 F. Supp. 821 (S.D.N.Y. 1969)   Cited 25 times

    No. 69 Civ. 26. March 6, 1969. Booth, Lipton Lipton, New York City, for plaintiff; Donald S.E.ngel, New York City, of counsel. Strasser, Spiegelberg, Fried Frank, New York City, and Wolf, Block, Schorr Solis-Cohen, Philadelphia, Pa., for defendants; Matthew Gluck, New York City, H. Robert Fiebach, Philadelphia, Pa., of counsel. OPINION HERLANDS, District Judge: By this application for an injunction pendente lite, plaintiff, Oleg Cassini, Inc., seeks to enjoin defendant, Couture Coordinates, Inc.

  10. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,314 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  11. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,931 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  12. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,612 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract

  13. Section 3001 - Declaratory judgment

    N.Y. CPLR 3001   Cited 1,784 times
    Considering declaratory judgment actions

  14. Section 25-215 - Liability of community property and separate property for community and separate debts

    Ariz. Rev. Stat. § 25-215   Cited 126 times   3 Legal Analyses
    Requiring litigants to name both spouses when seeking recovery against community property