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VALDER LAW OFFICES v. KEENAN LAW FIRM

Nos. 1 CA-CV 05-0217, 1 CA-CV 05-0358.

129 P.3d 966 (2006)

212 Ariz. 244

VALDER LAW OFFICES, an Arizona Professional Corporation, Plaintiff/Counter-Defendant/Appellant, v. KEENAN LAW FIRM, an Arizona Professional Corporation, Defendant/Counter-Plaintiff/Appellee.

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

March 9, 2006.

Attorney(s) appearing for the Case

Valder Law Offices Phoenix By Michael J. Valder and Lewis & Roca LLP By Lawrence A. Kasten, Kimberly A. Demarchi, Phoenix, Attorneys for Plaintiff/Counter-Defendant/Appellant.

Haralson Miller Pitt Feldman & McAnally PLC By Stanley G. Feldman, Lindsay E. Brew, Rebecca A. Reed, Tucson, and Murphy Lutey Schmitt & Fuchs PLLC By Michael R. Murphy, Prescott, Attorneys for Defendant/Counter-Plaintiff/Appellee.

OPINION

BARKER, Judge.

¶ 1 This case requires us to decide an issue of first impression in Arizona: whether the common fund doctrine may apply to the allocation of attorneys' fees in a wrongful death action. We reject the argument that because this action is one for wrongful death, rather than a class action, the common fund doctrine may not apply. However, we hold that on the facts of this particular...

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