Sanchez v. Maricopa County, No. CV-24-0013-PR (July 21, 2025) (J. Montgomery) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240013PR.pdf COUNTY HAS NO CONTROL OVER DEPUTY SHERIFF AND IS NOT VICARIOUSLY LIABLE FOR DEPUTY CONDUCTING LAW ENFORCEMENT WHO REARENDS PLAINTIFF/COUN...
Phoenix Union High School v. Sinclair, No. CV-24-0307-PR (July 15, 2025) (C.J. Timmer) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240307PR.pdf SCHOOLS HAVE DUTY TO EXERCISE REASONABLE CARE TO PROTECT STUDENTS WHILE STUDENTS ARE WITHIN THE SCHOOL'S CUSTODY AND CONTROL OR ...
In Re Estate of Bixby, No. 2 CA-CV 2024-0366 (App. Div. II, July 11, 2025) (J. O'Neil) https://www.appeals2.az.gov/decisions/CV20240366Opinion.pdf “XO” AT THE END OF AN ALLEGED TESTAMENTARY NOTE DOES NOT MEET THE HOLIGRAPHIC WILL SIGNATURE REQUIREMENT Decedent left behind two sticky notes befor...
Bradford v. City of Tucson, No. 2 CA-CV 2024-0231 (App. Div. II, May 29, 2025) (J. Kelly) https://www.appeals2.az.gov/Decisions/CV20240231Memo.pdf CITY OF TUCSON NOT IMMUNE FROM PUBLIC & PRIVATE NUISANCE CLAIM REGARDING HANDLING OF HOMELESS CAMP ON CITY PROPERTY/”CONSENTING” TO AN ACTIVITY CREAT...
State Farm Auto. Ins. Co. v. Orlando, No. CV-23-0228-PR (May 29, 2025) (J. Montgomery) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV230228PR.pdf A.R.S. § 20-259.01(B) DOES NOT REQUIRE UIM COVERAGE APPLY TO OFF-ROAD ACCIDENT INVOLVING ATV Defendant suffered a serious leg...
Dodge v. Yavapai County, No. CV-24-0093-PR (May 19, 2025) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240093PR.pdf ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL HAS ONLY “DISCRETIONARY” DUTIES UNDER A.R.S. §§ 4-210(A)(9), -210.01, & -118 WHICH DO NOT CREATE TORT DU...
Rodriguez-Ramirez v. State, No. 1 CA-SA 230182 (App. Div. I, April 29, 2025) (J. Gass) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/Rodriguez-Ramirez%20Final.pdf A.R.S. § 13-4062.3 PRECLUDES ADMISSION OF A CONFESSION MADE BY A PRIEST TO A CO-PRIEST ACTING IN A PROFESSIONAL CAPACITY...
Congratulations to Dev Sethi and Peter Akmajian!Last week federal judges in Arizona recognized both as Pro Bono Lawyers of the Year. The awards were announced at the Arizona District Court Conference in Phoenix. Chief Judge of the Arizona District Court, The Honorable Jennifer Zipps, nominated bo...
Perez v. Circle K Convenience Stores, Inc., No. CV-24-0104-PR (March 12, 2025) (J. Timmer) WHETER OR NOT A CONDITION ON PREMISES IS “UNREASONABLY DANGEROUS” TO A BUSINESS INVITEE GOES TO WHETHER THERE WAS A BREACH OF STANDARD OF CONDUCT AND HAS NO BEARING ON THE QUESTION OF DUTY TO BUSINESS INVI...
Westerman v. Ernst, No. 2 CA-CV 2023-0205 (App. Div. II, January 22, 2025) (J. Gard) https://www.appeals2.az.gov/decisions/CV20230205Opinion.pdf OPENING IN VEGETATION IN LANDSCAPING ALLOWING PASSAGE TO PARKING LOT AT STRIP MALL CREATED QUESTION OF FACT AS TO WHETHER PLAINTIFF IS INVITEE VS TRESP...
When you're injured in an accident in Arizona, determining who is at fault is a critical part of securing fair compensation. Arizona follows a "comparative fault rule," which can significantly impact the outcome of your personal injury claim. Understanding how this rule works is essential to prot...
Many of the potential cases we consider relate to care in the Emergency Room. These are challenging cases in part because the Arizona legislature imposed a requirement that such cases be proven by “clear and convincing” evidence, and at least one Arizona court has added to the difficulties surro...
Arizona Public Records Act: Scope of Required Disclosure/Statute of Limitations Abraham v. Arizona Bd. of Regents, No. 2 CA-CV 2024-0073 (App. Div. II, January 6, 2025) https://www.appeals2.az.gov/decisions/CV20240073Opinion.pdf PUBLIC RECORD REQUESTS ENTITLED TO PRESUMPTION OF DISCLOSURE BUT ...
Sierra Club v. Salt River Agri. Improv. & Power Dist., No. 2 CA-CV 2023-0184 (App. Div. II, January 3, 2025) (J.Gard) https://www.appeals2.az.gov/decisions/CV20230184Opinion.pdf SALT RIVER PROJECT IS A POLITICAL SUBDIVISION OF THE STATE SUBJECT TO ARIZONA'S PUBLIC RECORD LAW BUT THOSE RECORDS RE...
State v. Mekeel, No. 1 CA-CR 23-0102 (App. Div. I, December 5, 2024) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/Mekeel%20-%201%20CA-CR%2023-0102%20-%20Opinion.pdf PROVIDING JURY WITH EXHIBIT NOT ADMITTED INTO EVIDENCE CONSTITUTED FUNDAMENTAL ERROR BUT WHERE JURY GAVE LI...
A recent study by the American Medical Association exposes a disturbing public health crisis—more than 80% of emergency departments (ERs) in the U.S. are not fully prepared for pediatric cases. This is despite the fact that pediatric ER visits make up about 20% of total ER visits each year. T...
In Re: MH2023-004502, No. 1 CA-MH 23-0085 (App. Div. I, October 31, 2024) (J.Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-MH%2023-0085%20IN%20RE%20MH2023-004502.pdf EXAMINATION OF MENTAL HEALTH PATIENT BY BEHAVIORAL HEALTH SOCIAL WORKER WHICH INCLUDED TREATMENT ...
A recent episode from 60 Minutes revealed a troubling tactic used by insurance companies in attempt to pay out far less money on claims than what the claims were worth. Following hurricane Helene, 60 Minutes' investigators uncovered a slew of cases where insurers substantially modified, eliminate...
City of Chandler v. Roosevelt Water Conservation District, No. 1 CA-CV 23-0744 (App. Div. I, October 31, 2024) (J. Catlett) A.R.S. § 12-821 ONE YEAR STATUTE OF LIMITATIONS APPLIES TO PUBLIC ENTITY SUING ANOTHER PUBLIC ENTITY DESPITE NULLUM TEMPUS OCCURRIT REGI/STATUTE OF LIMITATIONS ACCRUES WHEN...
August 5, 2023 was one of the hottest days in a record setting hot summer in Tucson. That afternoon the Pima County Sheriff's Office sent out a Silver Alert asking the community for help locating Miguel Moreno. Miguel was a 72 year old man with a dementia diagnosis. A few days earlier he moved in...
Liberti v. City of Scottsdale, No. 2 CA-CV 2024-0082 (App. Div. II, October 25, 2024) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240082releasedasOpinion.pdf ABUSE OF PROCESS CLAIM ACCRUES AGAINST PUBLIC ENTITY WHEN PLAINTIFF “REALIZES” OR “RESONABLY SHOULD KNOW” SHE HAS BEEN DAMAGED RE...
City of Mesa v. Ryan, No. CV23-0284-PR (October 17, 2024) (C.J. Timmer) A.R.S. § 12-821.01(A) REQUIRES GOVERNMENTAL ENTITY BE SERVED A NOTICE OF CLAIM WITHIN 180 DAYS WHICH CONTAINS “A SPECIFIC AMOUNT FOR WHICH THE CLAIM CAN BE SETTLED AND FACTS SUPPORTING THAT AMOUNT”—DEMANDING $1 MILLION “O...
Gross v. The Shores at Rainbow Lake Comm. Ass'n, No. 1 CA-CV 23-0394 (App. Div. I, October 10, 2024) (J. Thumma) AMENDMENT TO CC&R's OF HOA ONLY ENFORCEABLE IF “REASONABLE AND FORESEEABLE” Defendant The Shores Lake Community Association [HOA] amended its Covenants, Conditions and Restrictions [...
Kirsten v. Arizona Dept. of Transp., No. 1 CA-CV 24-0092 (App. Div. I, October 1, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-CV%2024-0092%20KIRSTEN%20v%20ADOTMVD.pdf ABSENCE PROOF OF IMPAIRMENT, A.R.S. § 36-2852(A)(1) PROHIBITS SUSPENSION OF DRIVER'S...
Melbye v. Dennis, No. 2 CA-CV 2023-0209 (App. Div. II, September 9, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230209Opinion.pdf FAILURE TO TIMELY ANSWER AMENDED COMPLAINT IN FACE OF ENTRY OF DEFAULT SUPPORTS ENTRY OF DEFAULT JUDGMENT/DEFENDANT MAY APPEAL FROM DEFAULT JUDGME...
