7:9 Favorable Termination

• Jurisdiction: Arizona

§ 7:9 Favorable Termination

With regard to the case being terminated in the plaintiff’s favor, the jury determines the facts regarding termination and the judge always decides whether the termination was “favorable” to the plaintiff.^[341] Favorable termination does not require a decision in favor of one party on the merits and is to be determined on a case by case basis.^[342]

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^[341] Frey v. Stoneman, 150 Ariz. 106, 111-12, 722 P.2d 274, 279-80 (1986).

^[342] Id.

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