to modify or reject a decision by the Board only if ( 1) the decision is arbitrary or without reasonable
justification and ( 2) the employer states the reason for the modification or rejection. Read together,
A.R.S. § 41-783(E) gives certain employees the right to appeal disciplinary actions against them, and §
38-1101(K) affords law enforcement officers additional statutory protections. Specifically, § 38-1101
limits the Department’s ability to modify or disregard the Board decision except when it is arbitrary or
capricious. The Department must also provide written notice explaining its reasoning for modifying or
rejecting the Board’s decision. Berndt v. Arizona Dep’t of Corrections, 1 CA-CV 14-0622, 12/3/15.
Landlord does not owe duty of care to worker invited onto property by landlord’s lender
without landlord’s knowledge. To succeed in a negligence claim, a plaintiff must establish that the
defendant owed a duty of care as a matter of law. A duty may arise out of a contract, an undertaking, certain categorical relationships (such as a landowner-invitee relationship), or other relationships
formed through the parties’ conduct. If the lender on a property invites a worker to the property without the property landlord’s knowledge after the borrower-landlord defaults on a loan, the landlord
does not owe a duty of care to that worker. Alcombrack v. Ciccarelli, 1 CA-CV 13-0148, 12/3/15.
indicates a dissent.
—continued from p. 33 APPELLATE HIGHLIGHTS
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Ryan Curtis joined the Phoenix office of
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Attorney Robert E. Fee was honored by the
Western Music Association with its 2015
President’s Award. Recipients have demon-
strated outstanding support and dedication to
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his services as General Counsel to the organi-
zation for more than 20 years.
Jennifer Cranston of Gallagher & Kennedy was
appointed secretary and director of governance
for the board of directors of AZCREW, one of
the founding chapters of the Commercial Real
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a one-year term beginning Jan. 2016.
HONORS AND AWARDS
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