Evidence—Necessary Qualifications of Causation Expert in Medical Malpractice Cases Rasor v. Northwest Hospital LLC, 789 Ariz. Adv. Rep. 4 (App. Div. II, April 24, 2018) (J. Espinosa) QUALIFICATIONS REQUIRED OF CAUSATION EXPERT IN MEDICAL NEGLIGENCE CASE ARE LESS THAN REQUIRED OF STANDARD OF CAR...
Underinsured Motorist Coverage Under Multiple Policies Hanfelder v. Geico Indemnity Co., 791 Ariz. Adv. Rep. 33 (App. Div. I, May 22, 2018) (J. Thompson) IN ORDER TO REQUIRE INSURED TO CHOOSE ONLY ONE UIM COVERAGE FROM MULTIPLE POLICIES WRITTEN BY SEPARATE AFFILIATED INSURANCE COMPANIES, INSURE...
'For the first time the FDA has exercised its expanded recall authority granted under the 2011 FDA Food Safety Modernization Act, releasing a mandatory recall order for any Triangle Pharmanaturals LLC product containing the herbal supplement kratom. Kratom—a plant that grows in eastern Asia—previ...
Torts--Duty Quiroz v Alcoa Inc., __Ariz. Adv. Rep. __, No. 16-0248-PR (May 11, 2018) (J. Gould) http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2018/Quiroz%20v.%20Alcoa%20Filed.pdf ASBESTOS MANUFACTURERS OWE NO DUTY OF CARE TO PUBLIC FOR SECONDARY ASBESTOS EXPOSURE Plaintiff's decedent...
On February 1, a Tucson Unified School District bus driver ran a red light at the intersection of Ft. Lowell and Swan. As he sped through intersection, he struck and killed Kerry ODonnell. Kerry was crossing the street, with the walk signal in a marked crosswalk. She was half way across the ...
Recently I wrote about and appeared on TV discussing the new ban by the City of Tucson on manual cell phone use while driving. There was some hope that the Arizona Legislature would pass a similar law this year, and some progress was made in that direction. But lost in all of the news about the...
Diversity Jurisdiction: Amount in Controversy Chavez v. JP Morgan Chase amp; Co., No. 16-55957 (9th Cir., April 20, 2018) (J. Bybee) AMOUNT IN CONTROVERSY FOR DIVERSITY JURISDICTION DETERMINATION IS NOT LIMITED TO DAMAGES INCURRED AT TIME OF REMOVAL BUT IS DETERMINED BY THE OPERATIVE COMPLAINT...
The Arizona Department of Transportation Motor Vehicle Division is spreading the word early and encouraging residents who travel to obtain an Arizona Voluntary Travel ID. Standard IDs like a driver license will not be accepted by the Transportation Security Administration beginning in October of ...
Dev Sethi recently wrote an article for the Arizona Daily Star to discuss the ongoing Arizona teacher protests increase public education funding. Schools are doing more, for more, with far less than ever before. They need help before the system falls into itself. This is a tipping point. Read ...
This afternoon, the Center for Disease Control broadened its romaine lettuce advisory to include all states. The bottom line -- dont eat romaine lettuce until further notice. From its statement, Based on new information, the CDC is expanding its warning to consumers to cover all types of ...
Civil Procedure: Setting Aside Default Judgment— Rule 60 (c)(6) Meritorious Defense Gonzalez v. Nguyen, __Ariz. Adv. Rep. __ No. CV-17-0117-PR (April 12, 2018) (J. Bolick) DEFENDANT NEED NOT SUBMIT EVIDENCE OUTSIDE EXISTING RECORD TO ESTABLISH MERITORIOUS DEFENSE IN SUPPORT OF MOTION TO SET...
Liens: Validity of Hospital Lien for Balance Billing on AHCCCS Payments Against Tort Recovery Ansley v. Banner Health Network, __ Ariz. Adv. Rep. __ (App. Div. I, April 3, 2018) (J. Johnsen) HOSPITAL DOES NOT HAVE A LIEN AGAINST TORT RECOVERY FOR FULL VALUE OF SERVICES RENDERED WHERE IT AGREED ...
Matt Schmidt recently spoke to law students at the James E. Rogers College of Law at the University of Arizona. He shared helpful tips regarding networking and marketing in the legal profession. You can read through his presentation at the link below: Networking and Marketing
The National Collegiate Athletic Association and its member universities rake in billions of dollars a year from its sports programs. Their coaches bring in millions in salary. The student athletes who make this all possible, on the other hand, make barely enough to get through school. Many must ...
Torts—Recreational Use Immunity Statute—“Nominal” Fee and Gross Negligence/Pleading amp; Disclosure Obligations Allen v. Town of Prescott Valley, 786 Ariz. Adv. Rep. 10 (App. Div. I, March 13, 2018) (J. Johnsen) FEE OF $270 PER TEAM FOR SOFTBALL LEAGUE WAS “NOMINAL” UNDER RECREATIONAL USE STAT...
The Butler Law Firm, PLC v. Higgins, 785 Ariz. Adv. Rep. 20 (February 22, 2018) (J. Brutinel) WHERE CONTRACT TO PERFORM LEGAL SERVICES DID NOT REQUIRE THE SERVICES BE PERFORMED IN COUNTY WHERE PLAINTIFF WAS LOCATED AND WHERE DEFENDANT WAS AN LLC AND NOT A CORPORATION, DEFENDANTS WERE ENTITLED TO...
Doe v. Mahoney, 784 Ariz. Adv. Rep. 34 (App. Div. I, February 6, 2018) (J. Mc Murdie) UNLESS FALSE STATEMENTS IN AN ANYONOMOUS BLOG CHANGE THE “SUBSTANTIAL STING” OF OTHERWISE TRUTHFUL STATEMENTS THE FIRST AMENDMENT WILL PROTECT BLOGGERS ANONYMITY AND DEFEAT A DEFAMATION ACTION Plaintiff broug...
City of Tucson v. Sensibar, 784 Ariz. Adv. Rep. 17 (App. Div. II, February 5, 2018) (J. Eppich)WHERE STATUTORY BASIS FOR APPEAL EXISTS RULE 54 LANGUAGE UNNECESSARY TO RENDER JUDGMENT APPEALABLEThe defendant was found in violation of building codes in a hearing before the Tucson Municipal Court. D...
Peter Akmajian was recently interviewed on Arizona 360 to discuss Arizonas latest attempt to create a statewide ban on texting while driving. You can view the video below. Peters section begins at the 5:10 mark.
The college basketball scene here in Tucson has been a little chaotic. Unless you have been hanging out in your basement all week, you are now aware that ESPN recently reported having knowledge of an alleged FBI wiretap recording of a phone conversation between University of Arizona head coach S...
Knightbrook Ins. Co. v. Payless Car Rental, __Ariz. Adv. Rep.__ No. Cv-17-0156-CQ (February 8, 2018) (J. Lopez) ARIZONAS EQUITABLE INDEMNITY LAW DOES NOT ALLOW AN ACTION FOR RESTITUTION BASED UPON PAYMENT OF AN OBLIGATION THE PAYOR “JUSTIFIABLY BELIEVES” THE DEFENDANT IS PRIMARILY OBLIGATED TO ...
The City of Tucson recently put some bite into its already existing ban on texting while driving. As of February 1st, Tucson police were authorized to stop anyone they see using cell phones while driving. Before, police had to have another reason for the stop. Now, cell phone use alone justifi...
Arbitration: Signed Agreement to Arbitrate vs Rule Making Power Allstate Prop. amp; Cas. Ins. Co. v. Watts Water Technologies, Inc., __ Ariz. Adv. Rep. __, No1 CA CV 16-0500 (App. Div. I, February 6, 2018) (J. Gemmill) WHERE PARTIES SIGNED CONTRACT AGREEING TO ARBITRATE CLAIMS AND LATER AMENDE...
The trilogy—Daimler AG v. Bauman, S. Ct. (2014); BNSF Railway Co. V. Tyrell, 137 S. Ct. 1549 (2017) amp; Bristol-Meyers Squib Co. v. Superior Court, 137 S. Ct. 1773 (2017) Personal Jurisdiction over out of state corporation can be general or specific. General—defendants contacts with forum st...