TONNEMACHER v. TOUCHE ROSS & CO.

No. 1 CA-CV 94-0501.

186 Ariz. 125 (1996)

920 P.2d 5

Pat TONNEMACHER, and Charles B. Ackerman, individually and as representatives of a class, Plaintiffs-Appellants, v. TOUCHE ROSS & COMPANY, n/k/a Deloitte & Touche, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied July 2, 1996.


Attorney(s) appearing for the Case

Farley, Robinson & Larsen by R. Chip Larsen, James J. Farley, Mesa, Furth, Fahrner & Mason by Daniel S. Mason, Joseph Bell, Frederick P. Furth, San Francisco, California, for Plaintiffs-Appellants.

Brown & Bain, P.A. by H. Michael Clyde, Lynne C. Adams, Steven R. Rodgers, Phoenix, Deloitte & Touche LLP by Genevieve Harris Roche, Assistant General Counsel, New York City, for Appellee.


OPINION

LANKFORD, Judge.

The principal issue in this appeal is whether a trial court may dismiss an action because the claim asserted had been raised in a federal court action. We hold that although a trial court may stay such an action, dismissal is improper and therefore reverse.

In January 1989, the plaintiffs filed a complaint in the United States District Court in Arizona. The complaint included federal claims based on common law negligence, gross...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases