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AMERICAN POWER PRODUCTS v. CSK AUTO

No. CV-16-0133-PR.

390 P.3d 804 (2017)

AMERICAN POWER PRODUCTS, INC., a California corporation; LFMG/APP, LLC, an Arizona corporation, Plaintiffs/Counter-Defendants/Appellants/Cross-Appellees, v. CSK AUTO, INC., an Arizona corporation, Defendant/Counter-Claimant/Appellee/Cross-Appellant.

Supreme Court of Arizona.

Filed March 23, 2017.

Attorney(s) appearing for the Case

David B. Goldstein (argued), John L. Lohr, Jr. , Evan B. Schechter , Hymson Goldstein & Pantiliat, PLLC, Scottsdale, and Herbert Dodell , Dodell Law Corporation, Woodland Hills, CA, Attorneys for American Power Products, Inc. and LFMG/APP, LLC

Leon B. Silver (argued), Andrew S. Jacob , Gordon & Rees LLP, Phoenix, Attorneys for CSK Auto Inc.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES BRUTINEL and BOLICK joined. JUSTICE TIMMER dissented.

¶ 1 Under Arizona law, a court may award reasonable attorney fees to the successful party in a contested contract action. A.R.S. § 12-341.01(A). If a party makes a written settlement offer that is rejected and the final judgment is more favorable...

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