Guest Editor: Grace Shuman
April 29, 2022 9:00am
As the world adjusts after COVID-19 and trials get underway, the Arizona Supreme Court continues to roll back limitations, restrictions, and suspensions put into place during the pandemic…
Guest Editor: Grace Shuman
April 29, 2022 9:00am
A plaintiff will not prevail on a claim against a liquor licensee simply by proving the defendant sold, furnished, or served alcohol. In order to succeed, a plaintiff must prove the alcohol was served to an “obviously intoxicated” or underage person…
Guest Editor: Grace Shuman
March 31, 2022 2:48pm
The Arizona Supreme Court’s recently reviewed a case centered around the issue of preemption. Generally, under the doctrine of preemption, federal law preempts lawsuits based on state law claims…
Guest Editor: Grace Shuman
February 7, 2022 12:07pm
The relationship between students and schools in negligence actions in Arizona has been the subject of multiple recent cases. Recently, the Arizona Court of Appeals examined the standards for determining negligence in Arizona. In Hale v. Window Rock Unified School District (“District”), the court discussed the evolution of these school-student relationships within the context of negligence.
Guest Editor: Grace Shuman
January 13, 2022 8:40am
The past two years have dramatically changed the legal practice, and some of those changes may be here to stay. At the beginning of the pandemic, many courts closed completely. Now, court rules are in flux. Bench trials have been remote; jury trials have been hybrid; and court appearances have been conducted remotely via teleconference and video conference. While some of these changes are temporary adaptations, some are likely permanent. Attorneys should expect continued hearing and jury disruptions.
Guest Editor: Grace Shuman
January 13, 2022 8:40am
The Arizona Court of Appeals found using a cell phone while driving at the time of an accident resulting in a wrongful death or severe injuries can support a claim for punitive damages. Plaintiffs must establish evidence of cell phone use and other evidence the driver was “consciously pursuing a course of conduct knowing it creates a substantial risk of significant harm to others.”
Guest Editor: Grace Shuman
December 3, 2021 9:00am
The Arizona Supreme Court recently determined the scope of a liquor licensees’ liability in a dram shop case. In Roberto Torres, et al v. JAI Dining Services (Phoenix) Inc., the Court reviewed whether an overserved patron’s decision to drive while intoxicated after safely reaching home or a similar resting place constituted an intervening and superseding cause that would break the chain of causation as a matter of law, thus relieving the defendant liquor licensee of liability. The Court found the patron’s actions were not an intervening and superseding cause and, therefore, the issue was properly submitted to the jury to decide.
November 22, 2021 9:38am
Rodney Lewis was the first member of an Arizona Indigenous tribe to be admitted to the State Bar of Arizona and to win a case before the Arizona Supreme Court.
November 15, 2021 9:44am
Diane Joyce Humetewa is no stranger to making history. She was the first Native American woman to become a federal judge. She was also the first Native American woman to be appointed as a United States Attorney in 2007. Currently, she is one of three Native American women to sit on the federal bench.
Guest Editor: Kiran Gupta
October 4, 2021 3:17pm
It is important to prepare experts for anything they may encounter on the stand. In Sampson v. Surgery Center of Peoria, the Supreme Court discussed an issue regarding testimony from an expert witness who testified in a medical malpractice case.
Guest Editor: Kiran Gupta
October 4, 2021 3:10pm
The Arizona Supreme Court issued a new opinion on the statute of limitations in an alter ego case. In Specialty Companies Group v. Meritage Homes of Arizona, the court called attention to the underlying claim of an alter ego case.
Guest Editor: Kiran Gupta
September 7, 2021 9:00am
Cases involving school districts’ liability are on the rise across the country. The Arizona Supreme Court recently drew a clearer line for future litigants, narrowing the duties of schools. In a case where a high school student killed his classmate off-campus, the Court held that there was no duty because students had safely left the school’s control.
July 30, 2021 9:00am
What is an insurance carrier to do when a claimant attempts to re-litigate a matter which reached a final judgment and involves identical parties? The carrier should check with its defense counsel for the merit of arguing claim preclusion.
July 2, 2021 9:00am
The Arizona Appellate Court recently issued a decision overturning a motion for summary judgment, confirming whether an employee is within the scope of employment, for purposes of vicarious liability, is an issue for the jury, unless the facts are clearly undisputed
Guest Editor: Kiran Gupta
June 4, 2021 9:00am
The Arizona Court of Appeals recently confirmed a trial court’s ruling and granted defendant’s motion to set aside for noncompliance with Ariz. R. Civ. P. 55(a)(2)(D)— failure to provide notice to a company’s attorney.
Guest Editor: Kiran Gupta
April 2, 2021 9:00am
The Arizona legislature has been in session working on multiple bills which could have potential ramifications in the insurance defense world. To date, 1,708 bills have been introduced, of which 143 have passed and 70 have been signed. Below are proposed House and Senate bills of interest.
Guest Editor: Kiran Gupta
April 2, 2021 9:00am
The Arizona appellate courts recently issued two important decisions involving insurance coverage and bad faith. These decisions will impact the Arizona insurance industry and are discussed below.
March 1, 2021 12:32pm
In AIMS Insurance v. National Fire, et al, the Arizona Court of Appeals held a Forgery Endorsement did not provide coverage for a “spoofing” attack based upon the interpretation of the endorsement.
March 1, 2021 12:29pm
A recent decision in Division One of the Court of Appeals held plaintiff must prove she would have prevailed in the underlying claim as an essential element of a legal malpractice claim.[i] In Bellemare v. Lemon Law Group Partners, the Court of Appeals set aside the verdict in favor of plaintiff Carol Bellemare and held a plaintiff must prove the case within the case. In other words, she must be able to prove, but for the attorney’s negligence, she would have been successful in the underlying case. To meet this burden in the legal malpractice case, plaintiff must present facts sufficient to prove all the elements of the underlying case.
February 1, 2021 7:57pm
In Dabush, et al. v. Seacret Direct, LLC, et al., the Arizona Supreme Court recently held tenants who helped conduct repairs owed no duty to a third party injured on the premises.
February 1, 2021 7:46pm
Arizona Rule of Civil Procedure 26(b)(4)(F) presumptively limits each side to one expert to testify on a particular issue. The intent of one-expert-per-side rule is to limit cumulative evidence. Sanchez v. Old Pueblo Anesthesia, P.C., 218 Ariz. 317, ¶ 18 (App. 2008) (citing Ariz. R. Civ. P. 26 cmt. to 1991 amend.). While a bright-line rule for determining when a treating physician crosses the line from fact witness to expert witness has been difficult to articulate, some…
January 11, 2021 9:00am
In Duff v. Hon. Kenneth Lee, et al., the Arizona Supreme Court recently found no conflict between Pima County’s FASTAR program and A.R.S. § 12-133, which mandates compulsory arbitration. No. CV-19-0128-PR (November 25, 2020).
January 11, 2021 9:00am
Courthouses and court staff are continuously finding creative solutions to provide services while maintaining compliance with public health orders.
Guest Editor: Nathan Berkeley
November 30, 2020 2:45pm
A recent Ninth Circuit Order in the matter Adams v. Maricopa County, CV-19-05253-PHX-MTL, 2020 WL 6383248 (D. Ariz. Oct. 30, 2020), granted the Maricopa County Public Defender’s Office Motion for Summary Judgment, dismissing a plaintiff’s discrimination claim as untimely. While the case has yet to be officially published, the entered order sheds light on the significance of an employee’s prompt reporting of disability-related limitations and request for timely accommodation.
Guest Editor: Nathan Berkeley
November 30, 2020 2:34pm
In Arizona, a plaintiff can present the entire billed amount of past economic damages (such as past medical damages), to the jury. Plaintiffs rely on Lopez v. Safeway Stores, Inc.,[1] which applies the collateral source rule to medical expenses. Lopez provides, “plaintiffs are entitled to claim and recover the full amount of reasonable medical expenses charged, based on the reasonable value of medical services rendered…