Native American Heritage Spotlight: Rodney Lewis
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.
Arizona
Native American Heritage Spotlight: Hon. Diane Joyce Humetewa
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.
Arizona Court of Appeals Affirms Property Owners Not Vicariously Liable for Negligence of Independent Contractor
Guest Editor: Grace Shuman
October 29, 2021 9:00am
Owning an apartment complex can be fraught with potential legal issues. A recent case out of the Arizona Court of Appeals discussed independent contractor negligence. In Thompson v. Pham, the court reviewed liability for an owner where the independent contractor was negligent and hurt the plaintiff.
Connecting the Dots: Prep The Experts
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.
The Arizona Supreme Court Issued a New Opinion on the Statute of Limitations and Calling Attention to the Underlying Claims of an Alter Ego Case in Specialty Companies Group v. Meritage Homes of Arizona
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.
New Case Narrows Arizona School District Liability
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.
Arizona Supreme Court Issues Order for Phasing in of New Changes in Court Practices Due to the COVID-19 Public Health Threat
Guest Editor: Blaire Bayliss
July 30, 2021 9:00am
Since the state of Arizona declared a statewide public health emergency on March 11, 2020, Arizona courts have continued their attempts return to normalcy. Given the ongoing potential threat to public safety, availability of approved vaccines, and CDC guidance changes, limitations and changes in court practices have been ongoing and are still necessary.
Arizona Claim Preclusion: A Powerful Tool to Stop the Re-Litigation of a Claim
Guest Editor: Blaire Bayliss
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.
Arizona Appellate Court Confirms Scope of Employment is a Matter for the Jury, Unless Clearly Undisputed
Guest Editor: Blaire Bayliss
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
Arizona Appellate Court Confirms Application for Default Must Put Attorney on Notice
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.
Arizona Governor Signs SB 1377 To Protect from Frivolous Lawsuits
Guest Editor: Blaire Bayliss
April 30, 2021 9:00am
On April 5, 2021, Arizona Governor Doug Ducey signed legislation limiting liability to a wide range of businesses, persons, and providers for pandemic-related claims. SB 1377 provides if the Governor declares a state of emergency for a public health pandemic, a person or provider who acts in good faith to protect individuals from the pandemic is not liable for damages in a civil action.i Causes of action which occurred on or after March 11, 2020 and before December 31, 2022 are included in this protection.
Arizona 2021 Legislative Update
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.
Recent Arizona Appellate Decisions Favorably Impact the Insurance Industry
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.
Arizona Court of Appeals Finds “Spoofing” Not Covered by Forgery Endorsement
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.
Arizona Plaintiff Must Prove She Would Have Prevailed in Underlying Case to Recover in Legal Malpractice Claim
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.
Arizona Supreme Court Clarifies Duty of Care Owed by Lessees
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.
Arizona Treating Physician: Fact Witness or Expert?
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…
Pima County’s FASTAR Programs Do Not Violate Arizona’s Compulsory Arbitration Statute
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).
Maricopa County Extends Suspension of Civil Jury Trials
January 11, 2021 9:00am
Courthouses and court staff are continuously finding creative solutions to provide services while maintaining compliance with public health orders.
Too Little, Too Late – Adams v. Maricopa County, CV-19-05253-PHX-MTL, 2020 WL 6383248 (D. Ariz. Oct. 30, 2020)
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.
Potential Game Changer: Howell v. Hamilton Meats Coming to Arizona?
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…
Arizona and an Excess Carrier’s Equitable Subrogation Claim
November 2, 2020 3:00pm
The Arizona Court of Appeals recently issued a memorandum that provided a great refresher of the doctrine of equitable subrogation in Arizona. In Navigators Insurance Company v. First Mercury Insurance Company, No. 1 CA-CV 19-0744 (October 6, 2020), the Court of Appeals ruled that to preclude an excess insurer from pursuing damages from the primary insurer because the insured is not personally liable would undercut the doctrine of equitable subrogation.
Future of Litigation in Arizona: Potential Influx of Non-Lawyer Money?
Guest Editor: David Kahn
October 5, 2020 1:22pm
In August 2020, the Arizona Supreme Court approved non-lawyer ownership or investment in law firms. In a unanimous vote, the Arizona Supreme Court eliminated its ethics rule barring non-lawyers from having an economic interest in a law firm or participating in fee sharing. The Arizona Supreme Court adopted this change with the hope of improving access to justice and to encourage innovation in the delivery of legal services.
Arizona Court of Appeals Clarifies Limitations of Rule 35 Physical and Mental Examinations
Guest Editor: David Kahn
October 5, 2020 1:18pm
In Clayton v. Kenworthy, the Arizona Court of Appeals held the superior court abused its discretion by completely prohibiting the recording of a Rule 35(c)(2)(A), Arizona Rules of Civil Procedure, independent neuropsychological examination.
Arizona’s Equine Limited Liability Law: Enforceable Liability Releases Are Required
September 1, 2020 8:30am
A horse’s nature is different from other animals. Despite their size, and surprising to many, horses are prey animals. The natural temperament of a horse is similar to a rabbit, which can be very unpredictable. For this reason, equine activities are therefore inherently dangerous. Nevertheless, equine owners or agent(s) of the owner (“equine owner(s)”) and owner(s), agent(s), or lessor of any riding stable, rodeo ground, training or boarding stable or other private property (“equine facility owner(s)”) may still be held liable of the injury or death of another.