State Farm Mut. Auto. Ins. Co. v. Frank, No. 1 CA-CV 23-0282 (App. Div. I, March 21, 2024) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/CV%2023-0282%20State%20Farm.pdf
AUTO POLICY UIM COVERAGE NOT AVAILABLE TO INSURED WHERE TIME LIMIT OF 3 YEARS TO FILE CLAIM FOR ARBITR…
Continue Reading Underinsured Motorist Insurance Policy Time Limits to Pursue Claim/Estoppel

Artificial intelligence now influences many professions, from education, financial analysis and increasingly in healthcare.  How might concerns about medical malpractice liability impact the use of AI in medicine?  This was the topic of a recent study by Jons Hopkins University.  https://carey.jh…
Continue Reading MEDICAL MALPRACTICE IN THE AGE OF ARTIFICIAL INTELLIGENCE

In our office we have had some interesting conversations lately about the internet of things. 
The internet of things (IoT) describes devices with sensors, processing ability, software, and other technologies that connect and exchange data over the internet or other communications networks. Imag…
Continue Reading Eyes Everywhere – the Internet of Things Tracks All

Costaras v, Costaras, No. 1 CA-CV 23-0286 (App., Div. I, March 7, 2024) (J. Williams)
IF LAWS OF STATE OF RENDITION OF A REVIVED JUDGMENT TREAT REVIVIED JUDGMENT AS A NEW JUDGEMENT ARIZONA’S FOREIGN JUDGEMENT LIMITATION STATUTE BEGINS TO RUN ON DATE OF REVIVED JUDGMENT
 Husband and wife divorce…
Continue Reading Foreign Judgments: Arizona Foreign Judgment Limitation Statute Applied to Revised Judgment

In a recent medical malpractice case in Iowa arising out of a birth injury, the jury awarded $97 million to the plaintiff (later reduced by the judge to $75 million).  Birth injury cases can and do generate verdicts in the tens of millions of dollars due to the staggering cost of lifetime care fo…
Continue Reading BIRTH INJURY VERDICT, ALLEGATIONS OF INSURANCE COMPANY “BAD FAITH” AND DAMAGES CAPS

Garibay v. Johnson, No. 2 CA-SA 2023-0091 (App. Div. II, February 14, 2024) (J. O’Neil) https://www.appeals2.az.gov/decisions/SA20230091Opinion.pdf
CONSTABLES ARE JUDICIALLY IMMUNE FROM CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE WHEN SERVING A WRIT
Plaintiffs’ decedent Angela Fox was an apartment…
Continue Reading Torts: Legislative and Judicial Immunity

State v. Gordon, No. 1 CA-SA 23-0162 (App. Div. I, February 13, 2024) (J. Bailey) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-SA%2023-0162%20Gordon-Owen.pdf
VEHICLE CAUSING ACCIDENT NEED NOT ENTER INTERSECTION BEFORE CAUSING ACCIDENT TO RESULT IN VIOLATION OF RED LIGHT STATU…
Continue Reading Tort: Red Light Statute and Enhanced Penalty Statute Do Not Require Vehicle Enter Intersection Before Causing Accident

Hammer Homes, LLC v. City of Phoenix, No. 1 CA-CV 23-0114 (App. Div. I, December 21, 2023) (J. McMurdie) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2023-0114.pdf
CITY HAS DUTY UNDER RESTATEMENT (SECOND) OF TORTS § 552 NOT TO GIVE FALSE INFORMATION REGARDING LAND USE REST…
Continue Reading Torts: Restatement (Second) of Torts § 552 Liability for Giving False Business Advice

Beck v. Neville, No. CV-22-0134-PR (January 9, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV220134PR.pdf
BOUNDARY BY ACQUIESCENE IS A RECOGNIZED CAUSE OF ACTION IN ARIZONA WHICH REQUIRES PROOF BY CLEAR & CONVINICING EVIDENCE THAT THE ACTUAL BOUNDARY IS UNC…
Continue Reading Property: Adverse Possession & Boundary by Acquiescence

Miguel Moreno, a beloved father of three daughters, died after being lost in the desert on August 5, 2023. Investigative accounts suggest that Miguel, who suffered early dementia, walked out of an open gate in his memory care facility. It took hours for staff to realize he was missing and coordin…
Continue Reading A Locked Door Would Have Saved His Life

Tesla, a leader in electric vehicle technology, has recently announced a significant recall affecting numerous models due to potential safety issues. This recall emphasizes the importance of staying informed and proactive about vehicle maintenance and safety.The recall primarily targets issues re…
Continue Reading Tesla Recall Alert: Is Your Vehicle Affected and What to Do Next

Date St. Cap. v. Clearcover Ins. Co., No. 2 CA-CV 2023-0065 (App. Div. II, November 21, 2023) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230065Opinion.pdf
WHERE A RIGHT TO DISMISSAL TURNS UPON THE DETERMINATION OF A MATERIAL FACTUAL ISSUE RULE12(d) REQUIRES COURT ALLOW ALL SIDES T…
Continue Reading Civil Procedure Rule 12(d) Right to Convert Motion to Dismiss into Motion for Summary Judgment

Boyd v. State, No. 1 CA-CV 21-0684 (App. Div. I, December 5, 2023) (J.Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2021-0684%20-%20Boyd%20v.%20State%20-%20Opinion.pdf
HOUSE BILL 2466 SUPERCEDES THE 180 DAY TIME LIMIT OF A.R.S. § 12-514 BUT NOT THE STATUTE’S REQUIREM…
Continue Reading Notice of Claim Timeliness for Alleged Sexual Abuse