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Book, Legal Publication Article, Trade Publication Article

Arizona Common Law Causes of Action

February 2012

“Every litigator practicing in Arizona should have a copy of this book within arm’s reach,” says Randy Papetti, Practice Group Leader of Lewis and Roca’s Litigation Group. “I wish a reference guide like this had been available 19 years ago when I first began litigating cases in the state.”

Co-written by Lewis Roca Rothgerber lawyer Peter Wand and published exclusively by the State Bar of Arizona, “Arizona Common Law Causes of Action” provides descriptions of the elements, required proof, available defenses and possible damages for recognized common law causes of action in Arizona.

In it, the authors cite older, seminal cases to help make it easier to trace the evolution of a cause of action through Arizona’s jurisprudence. In addition, the book includes jury instruction references, an appendix with recognized affirmative defenses in Arizona, and a chart describing Arizona’s statutes of limitation.

The following areas are covered:

  • Abuse of Process
  • Aiding and Abetting
  • Appropriation/Right of Publicity
  • Assault and Battery
  • Attractive Nuisance
  • Breach of Contract
  • Breach of The Implied Covenant of Good Faith and Fair Dealing – Contract
  • Breach of the Implied Covenant of Good Faith and Fair Dealing – Tort
  • Breach of Fiduciary Duty
  • Civil Conspiracy
  • Constructive Fraud
  • Conversion
  • False Imprisonment
  • False Light
  • Fraud
  • Injurious Falsehood/Slander of Title
  • Intentional Infliction of Emotional Distress
  • Interference with Contract Relationship or Business Expectancy
  • Intrusion Upon Seclusion
  • Negligence
  • Negligent Hiring, Retention or Supervision
  • Negligent Infliction of Emotional Distress
  • Negligent Misrepresentation
  • Nuisance
  • Piercing the Corporate Veil
  • Professional Negligence
  • Public Disclosure of Private Facts
  • Reformation
  • Rescission
  • Respondeat Superior
  • Strict Products Liability
  • Strict Products Liability for Ultrahazardous or Abnormally Dangerous Activities
  • Trespass
  • Unjust Enrichment
  • Wrongful Prosecution of a Civil Action or Malicious Prosecution
  • Wrongful or Constructive Eviction
  • Appendix A: Affirmative Defenses
  • Appendix B: Statutes of Limitation

About Randy Papetti
Randy’s practice focuses on trial work, commercial litigation and antitrust counseling. He has significant experience in commercial disputes involving complex finance, economic, and accounting issues. He has successfully tried cases ranging from his defense of a man accused of first-degree murder to a complex lease dispute that resulted in an $11.2 million jury verdict for the firm’s client. Recently, Randy was inducted as a Fellow of the American College of Trial Lawyers. He can be reached at 602.262.5337 or .

About Peter Wand
Peter is a member of Lewis and Roca’s Trusts and Estates, Taxation, and ERISA practice groups and the co-author of the book, “Arizona Common Law Causes of Action.” His estate planning experience ranges from simple wills and trusts to sophisticated plans involving irrevocable life insurance trusts, grantor retained annuity trusts, generation-skipping trusts, and private charitable foundations. He also counsels clients on matters related to the taxation of distributions from qualified and non-qualified retirement plans. Peter’s ERISA experience includes the design and management of qualified and non-qualified retirement plans, executive compensation programs and IRS compliance issues. He can be reached at 602.262.5305 and .