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…
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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…
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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…
Continue Reading THE CRISIS IN PEDIATRIC EMERGENCY CARE

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…
Continue Reading Elopement and Wandering Deaths Plague Assisted Living Facilities

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…
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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…
Continue Reading Medical Malpractice: Need for Expert Witness to Establish Breach of Standard of Care