Valder Law Offices v. Keenan Law Firm

OPINION

BARKER, Judge.

¶ 1 This case requires us to decide an issue of first impression in Arizona: whether the common fund doctrine may apply to the allocation of attorneys’ fees in a wrongful death action. We reject the argument that because this action is one for wrongful death, rather than a class action, the common fund doctrine may not apply. However, we hold that on the facts of this particular wrongful death case the trial court correctly determined that the common fund doctrine does not apply.

I

¶ 2 This case has its origins in an action for the wrongful death of Denise Robinson, who…