Stith v. Bella Vita Health & Rehab. Centr., 1CA-CV 24-0484 (App. Div. I, July 6, 2026) (J. Morse)https://coa1.azcourts.gov/LinkClick.aspx?fileticket=nwb65c1VuhQ%3D&portalid=1 RULE 50 (a) MOTION FOR JUDGMENT AS A MATTTER OF LAW IS REVIEWABLE ON APPEAL IF RULE 50(b) MOTION IS ALSO MADE AT CLOSE OF...
State Farm Mut. Auto. Ins. Co. v. Balzan, No. CV-24-0140-PR (July 6, 2026) (J.Cruz) CV240140PR.pdf MULTIPLE INSURED INDIVIDUALS WHO JOINTLY PURCHASE AUTO INSURANCE AS NAMED INSURED ARE ONE INSURED FOR PURPOSES OF STACKING UIM COVERAGE Connor Balzan lives with his parents. He has a seperate au...
The American Law Institute (ALI) recently approved a new “Restatement of the Law” on Medical Malpractice, which is part of the Restatement (Third) of Torts. First off, what is the ALI and what is a Restatement? The ALI is an organization of legal experts—according to its website, “eminent judges...
Houston v. Penzone, No. 1 CA-CV 25-0511 (App. Div. I, June 25, 2026) (J. Gaona) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/1%20CA-CV%2025-0511%20Houston%20v.%20Penzone.pdf?ver=u4-IDX9YzrHmETmKlmGt4A%3D%3D TORT OF FALSE LIGHT REQUIRES PROOF OF PLAINTIFF-SPECIFIC FACTS AND ABSENCE ...
Monsanto Co. v. Durnell No. 24-1068 (June 25, 2026) (J.Kavanaugh) https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf FEDERAL INSECTICIDE, FUNGICIDE & RODENTICIDE ACT PREEMPTS STATE “FAILURE TO WARN” OF CANCER RISK CLAIMS Monsanto developed, manufactured and sold a herbicide known as...
Keathley v. Buddy Ayers Const., Inc., 608 U. S. ___ (2026) (J. Brown) https://www.supremecourt.gov/opinions/25pdf/25-6_d1o2.pdf PLAINTIFF'S FAILURE TO DISCLOSE PERSONAL INJURY CLAIM IN BANKRUPTCY COURT REQUIRES CONSIDERATION OF TOTALITY OF CIRCUMSTANCES BEFORE JUDICIAL ESTOPPEL MAY BAR THE PERS...
SuperLawyers has included me in my practice areas of plaintiff's personal injury, medical malpractice, and products liability. This is the organization's 20th anniversary, and I am proud to be featured in its special Anniversary Edition magazine. I enjoyed sharing why I do what I do and talking a...
Simms v. Arizona Racing Comm'n, No. CV-25-0079-PR (May 14, 2026) (V.C.J. Lopez) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV250079PR.pdf?ver=iCQfpN7dbQW6RHbWJSLjtw%3d%3d “SUBSTANTIAL EVIDENCE REVIEW” REMAINS AS STANDARD OF REVIEW FOR SUPERIOR COURT REVIEWING AGENCY ACTIONS DES...
Terborg v. Town of Payson, No. 2 CA -CV 2025-0080 (App. Div. II, November 5, 2025) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20250080OpinionCorrreleased.pdf WHERE NOTICE OF CLAIM DEMANDED “ONE HUNDRED THOUSAND DOLLARS ($250,000)” A.R.S. § 12-821.01(A) IS SATISFIED AS WRITTEN WORD C...
Nunez v. Valente< No. 1 X-a 25-0214 (App. Div. I, April 24, 2026) (J. Jacobs) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/No.%201%20CA-SA%2025-0214%20Nunez%20v.%20Valente.pdf?ver=N1N4CjDLqalZ5yF63xHVwg%3D%3D PARTY SHOULD BE PERMITTED TO WITHDRAW ADMISSIONS DEEMED ADMITTED FOR FAIL...
City of Chandler v. Roosevelt Water Conserv. Dist., No. CV-24-0267-PR (April 28, 2026) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV240267-PR.pdf?ver=4DTJ00_aCYU8mSJcPYy6hA%3d%3d COMMON LAW DOCTRINE OF NULLUM TEMPUS (TIME DOES NOT RUN AGAINST THE KING) RENDERS 1...
A surgeon in Florida has been charged with second-degree manslaughter because he removed a patient's liver instead of the spleen, which was the intention of the surgery, killing the patient on the operating table. https://www.nytimes.com/2026/04/14/us/florida-surgeon-manslaughter-organ-removal.ht...
Last week I had the opportunity to welcome newly admitted students to the University of Arizona Rogers College of Law. It was Admitted Students' Weekend, and the school put on a great reception at the historic Pima County Courthouse. Excited pre-1L students and their families mingled with faculty...
One of the most common questions clients ask during a personal injury case is: “Why are you so focused on my social media?” After all, social media is how we stay connected to friends and family. It feels personal and casual at the same time. In a lawsuit, it's none of those things. Once you br...
Wagner v. Arizona Municipal Risk Retention Pool, No. 1 CA-CV 24-0562 (App. Div. I, January 7, 2026) (J. Furuya) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/1%20CA-CV%2024-0562%20Wagner%20v.%20Arizona%20Municipal.pdf?ver=A3A_Sik1XegPDINxYwZfyw%3D%3D ARIZONA MUNICIPAL RISK RETENTION...
Clients in medical malpractice cases often tell us they are not suing for money but to “make sure this never happens to anyone else.” The hope is that justice will include accountability to prevent future harm. All too often, however, the justice system and medical regulatory agencies fail to p...
Recently, the New York Times published an investigation about whether there are too many C-Sections performed in the U.S. https://www.nytimes.com/2025/11/06/health/electronic-fetal-monitoring-c-sections.html According to the Times, “[n]early every woman who gives birth in an American hospital is...
For more than 20 years, Schmidt Sethi & Akmajian has put out a quarterly newsletter. We try to hit the sweet spot focusing on ideas that are interesting to both lawyers and our broader community. This is the best one yet because it highlights the amazing non-profit partners our firm supports. Tak...
Frazer Ryan Goldberg & Arnold, LLP v. Mayne, No. 1 CA-CV 24-0706 (App. Div. I, November 19, 2025) (J. Gass) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/1%20CA-CV%2024-0706%20Frazer%20Ryan%20v.%20Mayne%20et%20al%20OP%20(1).pdf REVISED UNIFORM ARBITRATION ACT REQUIRES MOTION TO VACA...
E.H. v. Slayton, 568 P3d 377 (April 30, 2025) (C.J. Timmer) https://law.justia.com/cases/arizona/supreme-court/2025/cr-24-0245-pr.html FUTURE LOST WAGES OF MURDERED CHILD ARE RECOVERABLE AS RESTITUTION TO EXTENT THE AMOUNT HAS A REASONABLE BASIS AND IS NOT PRODUCT OF SPECULATION OR CONJECTURE D...
Clem v. Pinal County, No. 2 CA-CV 2024-0305 (App. Div. II, October 30, 2025) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240305Opinion.pdf JUROR FRIENDSHIP & POLITICAL SUPPORT FOR DEFENDANT SHERIFF AND DEFENDANT'S TRIAL REPRESENTATIVE NOT “STRUCTURAL ERROR” OR PREJUDICIAL REQUIRING MIST...
Halloween is one of the most exciting nights of the year for Arizona families. But it's also one of the most dangerous. As personal injury attorneys who have seen far too many preventable pedestrian injuries, we know how quickly a fun evening can turn serious. Whether your kids are trick-or-trea...
Henke v. Hospital Dev. of West Phx., Inc., No. CV-24-0259-PR (October 22,2025) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240259PR.pdf A PRIMA FACIE CASE OF MEDICAL NEGLIGENCE NEED ONLY BE ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE AND IT IS FOR THE JURY TO CONS...
State v. Alston, No. 1 CA-CR 23-0511 (App. Div. I, October 20, 2025) (J. Brown) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2026/Alston%20-%201%20CA-CR%2023-0511%20-%20Opinion.pdf UNDER ARIZ.R. EVID. 801(d)(1)(B) PRIOR CONSISTENT HEARSAY STATEMENTS ARE ADMISSIBLE TO REBUT CLAIMED FABRI...
Roebuck v. Mayo Clinic, No. CV-23-0262-PR (September 12, 2025) (J. Beane) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV230262PR.pdf A.R.S. § 12-516(A)'S BAR OF ORDINARY NEGLIGENCE CLAIMS REGARDING HEALTHCARE PROVIDED FOR PANDEMIC RELATED MEDICAL CARE WHILE ONLY ALLOWING CLAIMS...
