Bariatric surgery to combat obesity is performed over 250,000 times a year in the U.S. The results are often successful, but the surgery carries with it numerous potential complications, including infection, diet limitations, and hernia. However, another complication is also possible—Warneke's ...
Roebuck v. Mayo Clinic, No. 1 CA-CV 22-0508 (App. Div. I, September 19, 2023) (J. Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0508%20-%20Roebuck%20final%20OP.pdfARTICLE 18 § 6 OF ARIZONA BARS LEGISLATURE FROM ELIMINATING SIMPLE NEGLIGENCE IN MEDICAL MALPRACTICE ...
North Shore Condominium Ass'n v. Wan-Tsing Kwang, No. 1 CA-CV 22-0641 (App. Div. I, September 14, 2023) (J. Campbell) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0641%20North%20Shore%20OP.pdfARBITRATION AWARD ADDING FEES AND COSTS TO AMOUNT AWARDED IN “NOTICE OF DECISION” I...
Cocchia v. Testa, No. 1 CA-CV 22-0571 (App. Div. I, September 12, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0571%20Cocchia.pdf DEFENDANT CAN RAISE LACK OF PERSONAL JURISDICTION IN STATE WHERE JUDGMENT IS OBTAINED OR IN THE STATE WHERE ENFORCEMENT OF THE...
Campion v. City of Tucson, No. 2 CA-CV 2022-0046 (App. Div. II, September 11, 2023) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20220046Opinion.pdf A.R.S. § 12-820.03(A) GIVES TRIAL COURT DISCRETION TO BIFURCATE LIABILITY AND DAMAGE ISSUES FROM THE APPLICABILITY OF A GOVERNMENTAL IMMUNIT...
Tucson will host the world renowned El Tour de Tucson on November 18, 2023. This annual race is in its 40th year and welcomes over 7,500 riders in distances from 102 miles to a family fun ride of 1 mile. With the El Tour de Tucson drawing near, our streets are buzzing with an increasing number o...
This blog will be updated monthly to highlight legal knowledge that is beneficial for all of us to know and use when common situations arise in our everyday lives. Insurance *Homeowners insurance does not just protect you in the event that your home and/or personal property are damaged. It also...
Sowards v. Sowards, No.CV-22-0065-PR (August 17, 2023) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220065PR.pdf PI SETTLEMENT THAT DOES NOT ADDRESS DIVISION OF FUNDS NOR RIGHTS OF HUSBAND AND WIFE IN DISSOLUTION OF THEIR MARRIAGE NOT A VALID PROPERTY SETTLEMENT...
State Farm Auto. Ins. Co. v. Orlando, No. 1 CA-CV 22-0447 (App. Div. I, August 15, 2023) (J. Morse) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0447%20STATE%20FARM%20v.%20ORLANDO.pdf ARIZONA'S UIM STATUTE DOES NOT ALLOW INSURER TO EXCLUDE COVERAGE FOR OFF-ROAD ACCIDE...
Morales v. Coffey, No. 1 CA-SA 23-0040 (App. Div. I, August 10, 2023) (J. Perkins) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0040%20Morales%20v.%20Coffee.pdf IN HIGHWAY DESIGN CASE AGAINST GOVERNMENT, A.R.S. § 12-820.03(B) REQUIRING TRIAL COURT TO BIFURCATE ISSUES...
As recently reported in the New York Times, dozens of people have lost limbs after undergoing arterial procedures ironically called “leg saver” procedures. https://www.nytimes.com/2023/07/15/health/atherectomy-peripheral-artery-disease.html This article highlights how medical device manufacturer...
Quinn v. Cardenas, No. 1 CA-CV 22-0398 (App. Div. I, August 1, 2023) (J.Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0398%20Quinn.pdf WHERE ESSENTIAL FACTS SUPPORTING FEDERAL COURT SUMMARY JUDGMENT ARE ESSENTIAL TO PROVING STATE COURT CLAIMS, DOCTRINE OF ISSU...
State v. Clay, No. 1 CA-CR 22-0571(App. Div. I, August 1, 2023) (J. Kiley) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CR%2022-0571%20State%20v.%20Clay%20OP.pdf RESTITUTION PAYMENTS MAY BE ORDERED TO BE PAID TO “ANY PERSON” WHO SUFFERS ECONOMIC LOSS CAUSED BY DEFENDANT INCLU...
Postscript:Our friend, Greg Gadarian, points out that the policy at issue in Columbus Life Insurance Co. originated in 2003. In 2008, Arizona added ARS. Sec 20-443.02. That section states: A. Intentionally practicing or planning to initiate a life insurance policy for the benefit of a person or...
Wallace v. Smith, No. CV-22-0143-SA (July 25, 2023) (J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220143SA.pdf ARCAP 7(A)(4)(A) REQUIRING SUPERSEDEAS BOND BE CALCULATED TO INCLUDE “DAMAGES, COSTS, ATTORNEYS' FEES AND PREJUDGMENT INTEREST” CONTROLS OVER A.R.S. § 12-...
Herbal Brands, Inc. v. Photoplaza, Inc., No. 21-17001 (9th Cir., July 5, 2023)(J. Graber) https://cdn.ca9.uscourts.gov/datastore/opinions/2023/07/05/21-17001.pdf SALE OF PRODUCT IN REGULAR COURSE OF BUSINESS VIA INTERACTIVE WEBSITE AND DELIVERY OF PRODUCT IN FORUM CREATES PERSONAL JURISDICTION ...
Davis v. Cranefield Aerospace Solutions Ltd, No. 22-35099 (9th Cir. June 23, 2023) (J.Bumatay) https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/23/22-35099.pdf TWO VISITS TO FORUM STATE AND A CONTRACTUAL RELATIONSHIP WITH A RESIDENT OF FORUM STATE DOES NOT CREATE NECESSARY “MINIMUM CONTAC...
State v. Jimenez, No. 2 CA-CR 2022-0062 (App. Div. II, July 13, 2023) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CR20220062memo.pdf TRIAL COURT IS GIVEN GREAT DEFFERNCE IN DECIDING MOTIONS TO STRIKE FOR CAUSE AND ON CLOSE QUESTIONS THE APPELLATE COURT SHOULD DEFER Defendant was convi...
Doe v. Roman Catholic Church, No. 1 CA-CV 22-0143 (App. Div. I, June 29, 2023) (J.Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0143%20-%20Doe%20v.%20Roman%20Catholic%20Church%20et%20al.%20Final%20OP.pdf TIMELY APPEAL AGAINST ONE DEFENDANT DOES NOT RENDER OTHERW...
One of our best resources is the network of partners we develop to assist our clients. Today's blog comes from a professional and creative private investigator we work with to preserve evidence, investigate leads, and track down information. Steve Mason from Mason Investigative Solutions shares s...
Mediation is a powerful tool that allows parties involved in a legal dispute to seek a resolution outside of the courtroom. As a client preparing for mediation, it's essential to approach the process strategically and with careful consideration. Understand the Mediation Process: Before enteri...
Chevron North America is recalling its EGO Power Brushless Hedge Trimmer (Model HT2410) and instructing consumers to discontinue use of the trimmer immediately. The potentially defective and dangerous product should be returned. There have been 34 incidents of the trimmer turning itself on unexp...
Peloton, a leading name in the home fitness industry, has gained popularity for its interactive workout experience. On May 11, 2023, the company announced a recall effecting 2.2 million bikes. This voluntary recall applies to Peloton original bike sold in the United States between 2018 and 2022....
Picture this: you're cruising down the streets of Arizona, minding your own business, when suddenly a car making a left turn collides with your vehicle. Left turn accidents are all too common on our roads, but who bears the responsibility in such cases? Let's delve into the Arizona Revised Statut...
Kelly v. Blanchard, No. 1 CA-SA 23-0021 (App. Div. I, April 27, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0021%20Kelly%20v.%20Hon.%20Blanchard.pdf Ariz. R. Civ. P. 35(d)(2)(B) REQUIRING PARTY WHO REQUESTS INDEPENDENT MEDICAL EXAMINATION TO PRODUC...
