Arizona v. Challenge , 151 Ariz. 20 (1986)

Arizona v. Challenge


The Court of Appeals held that summary judgment against Challenge was not proper. Summary judgment is proper only when there is no questing of material fact, and the moving party is entitled to summary judgment as a matter of law. Challenge had presented substantial evidence that the company did not require or pressure sales personnel to purchase the company's programs for personal use. This conflicted with evidence that the State put on contending that Challenge required each sales person to purchase the program before they would be authorized to sell it to others. Since this evidence was conflicting, and it was material to the issues in the complaint, summary judgment was improper in this instance and trial court ruling was reversed.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:State, 9th Circuit, Arizona | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Babener & Associates | Attorney Advertising

Written by:


Babener & Associates on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.