Jones v. Cochise County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that, where the facts were undisputed, the question whether the county had waived the requirements of the notice of claim statute should be decided by the trial court as a matter of law
• noting that waiver by conduct creates a 16 factual question for the trial court
• noting that even properly raised defenses can be waived by subsequent conduct
• analyzing extent and type of government’s discovery activity prior to assertion of defense of plaintiffs failure to file a notice of claim
• finding county waived notice of claim defense as matter of law by its significant participation in litigation
• finding waiver “as a matter of law when a party fails to assert a deficiency . . . until after litigating the claim on its merits”

Source: CourtListener parenthetical corpus (CC0).