§ 5.4.4 "HARASSMENT"
| Jurisdiction | Arizona |
§ 5.4.4 "Harassment"
Under A.R.S. § 12-349(A)(2), attorneys' fees may be imposed against a party or attorney who brings or defends a claim primarily for delay or harassment. Although "harassment" is not defined,5 courts will likely to look to cases interpreting the "harassment" element as it appeared in the former A.R.S. § 12-341.01(C). In Gilbert v. Board of Med. Exam'rs,155 Ariz. 169, 745 P.2d 617 (App. 1987), the court explained that an "intent to harass" must be determined according to a subjective...
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