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…
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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…
Continue Reading 60 Minute Story Reveals Cases of Insurance Fraud by Insurance Companies

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 …
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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…
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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 […
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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…
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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…
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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…
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Francisco v. Affiliated Urology Ltd, No. CV-23-0152-PR (August 16, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230152PR.pdf
FAILURE TO WARN PATIENT OF RISKS OUTLINED IN DRUG PACKAGING BEFORE PRESCRIBING MEDICATION INADEQUATE WITHOUT EXPERT TESTIMONY TO ES…
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Gallery Comunity Ass’n v. K. Hovnanian at Gallery, LLC, No. 1 CA-CV 23-0375 (App. Div. I, August 6, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0375%20Gallery%20v.%20K.%20Hovnanian.pdf
A.R.S. § 33-2002(A) AUTHORIZES HOA TO BRING LAWSUIT FOR STRUCTUR…
Continue Reading Homeowner’s Association Right to Sue for Structural Defects

I am loving the First Day of School photos that friends are sending me and that are popping up on my social media. It’s bittersweet for me – for the first time in a long time, I don’t have a kid starting school this week.  My K-12 parenting career has ended. Now I look forward to hauling IKEA mov…
Continue Reading Protecting Our Kids: Essential Tips for Safe Driving around School Buses and in School Zones

Over the past several months, there has been a great deal of reporting that women and minorities are more likely than white males to be the victims of poor health care.  https://www.nbcnews.com/health/health-news/medical-mistakes-are-likely-women-minorities-rcna133726
According to researchers, w…
Continue Reading GENDER AND RACIAL DISPARITIES IN HEALTHCARE

Stalker & Parson Cos., Inc. v. Scottsdale Ins. Co., No. CV-21-0256-CQ (July 10, 2024) (J. Beene) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV210256CQ.pdf
LOADING & UNLOADING (TO INCLUDE TRANSPORTATION OF LOAD BETWEEN LOADING AND UNLOADING) OF VEHICLE CONSTITUTES “USE” OF INSUR…
Continue Reading Insurance: Commercial Automobile Liability Insurance Coverage for Additional Insured for “Use” of Insured Vehicle