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...
Laurence v. Salt River Project Agricultural Improvement & Power District, No. CV-21-0292-PR (April 28, 2023) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV210292PR.pdf WHERE TORT CLAIM AGAINST EMPLOYEE IS DISMISSED FOR REASONS UNRELATED TO MERITS OF CASE RESPONDEAT ...
A Philadelphia jury last week handed down the largest medical malpractice verdict in the history of Pennsylvania--$182.7 million to a five-year old boy born with cerebral palsy and his mother, against the Hospital of the University of Pennsylvania. See https://pennrecord.com/stories/641916402-ph...
Schmidt, Sethi & Akmajian has released it's Spring 2023 Newsletter, "Thinking." This edition focuses on consumer protection. In this issue: Dev Sethi provides information about where to look for and how to research product recalls Ted Schmidt discusses consumer protection laws in Arizona as i...
A bill with bi-partisan support is advancing in the Arizona Legislature to reduce physician supervision of Physician Assistants. (See House Bill 2043 https://www.azleg.gov/legtext/56leg/1R/bills/HB2043H.pdf) Currently, PAs must work under the auspices and supervision of an assigned physician, an...
The future of transportation is rapidly advancing as autonomous vehicles (AVs) become a more prominent part of our everyday lives. These self-driving marvels hold the potential to revolutionize the way we travel, offering increased safety, efficiency, and accessibility. But have you ever wonder...
A Kentucky university has agreed to a settlement of more than $14 million over the death of a student wrestler hours after practice. The settlement of junior Grant Brace's wrongful death case comes after the 20 year old junior died on August 31, 2020 from heat stroke after he begged for water a...
According to a New York Times article dated March 5, 2023, artificial intelligence, or A.I., may help in detecting cancer and in reducing human error. The article concerned a program in Hungary, which has an aggressive breast cancer screening program. Breast cancer screening is done with mammo...
Lindquist v. Mathias, No. 1 CA-CV 22-0213 (App. Div. I, February 28, 2023) (J. Weinzweig) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0213%20-%20Lindquist%20v.%20Mathias%20-%20Opinion.pdf INTERESTED PERSON NOT ENTITLED TO FILE ACTION ON BEHALF OF “VULNERABLE ADULT” U...
