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MAGELLAN HEALTH v. DUNCAN

No. 1 CA-SA 21-0122.

503 P.3d 851 (2021)

MAGELLAN HEALTH, INC. and Magellan Rx Management, LLC, Petitioners, v. The Honorable Sally S. DUNCAN, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Carol Dearing, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED December 14, 2021.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber Christie LLP, Phoenix, By John C. Gray .

Baker & Hostetler LLP, Atlanta, GA, By Christopher A. Wiech , Co-Counsel for Petitioner.

Bonnett Fairbourn Friedman & Balint PC, Phoenix, By Elaine Ryan , Carrie Ann Laliberte , Patricia Nicole Syverson .

Morgan & Morgan PA, Tampa, FL, By John A. Yanchunis .

Rhine Law Firm PC, Wilmington, NC, By Joel R. Rhine , Janet R. Coleman , Martin A. Ramey , Co-Counsel for Real Party in Interest.

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge David D. Weinzweig and Judge Paul J. McMurdie joined.

OPINION

¶1 This special action arises from the superior court's refusal to apply claim preclusion to dismiss an action previously dismissed by a federal district court. We accept jurisdiction because preclusion is akin to immunity, and the value of preclusion would be...

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