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Notice of Claims and the Sum Certain Requirement: The Fallout from Deer Valley

Abstract

In Deer Valley Unified School District No. 97 v. Houser, the Arizona Supreme Court held that claims against a public entity must strictly adhere to Arizona's notice of claims statute, which requires that a claim must "contain a specific amount for which the claim can be settled." The decision abrogated seventeen years of case precedent that set "reasonableness" as the standard to measure whether a notice of claim against a public entity satisfies the statute. After the 2007 Deer Valley decision, public entities defending claims brought against them by citizens moved to dismiss the lawsuits by asserting that a claimant's noncompliance with the statute bars the claim altogether. While the decision gave the State a powerful weapon to protect itself from civil tort liability, Deer Valley has caused confusion and uncertainty among claimants, public entities, lawyers, and state and federal courts.

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50 Ariz. L. Rev. 1205 (2008)

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Authors

John F. Barwell

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