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In a significant legal development, the Supreme Court has declined to hear an appeal from California prison officials seeking immunity from lawsuits related to the deadly COVID-19 outbreak at San Quentin in May 2020. The court’s decision, issued without comment or dissent, allows lawsuits from fa…
Continue Reading US Supreme Court Allows California Prison Covid-19 Death Claims to Go Forward

Perez v. Circle K Convenience Stores, Inc., No. 1 CA-CV 22-0425 (App. Div. I, April 9,2024) (J. Foster) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/Perez%20-%20Final.pdf
WHERE PLAINTIFF HAD VISITED STORE 25-30 TIMES, WAS FAMILIAR WITH END AISLE DISPLAYS AND WHERE PLAINTIFF ADMITTED…
Continue Reading Premises Liability: Consideration of Facts in Deciding Duty/Breach of Store Guidelines and Apology go to Standard of Care not Duty

Jury selection – also called Voir Dire – has been in the news this week. With the first criminal trial of a former President getting underway, the process of finalizing the 12 individuals who will return a verdict has become an item of intense interest. Lawyers and court watchers were surprised t…
Continue Reading Jury Selection Is in the News – What's the Deal with Voir Dire

Sanchez-Ravuelta v. Yavapai County, No. 2 CA-CV 2023-0059 (App. Div. II, April 3, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230059Opinion.pdf
LAWSUIT AGAINST GOVERNMENTAL ENTITY IN ARIZONA MUST BE PRECEDED BY A TIMELY NOTICE OF CLAIM WHICH MUST SET FORTH FACTS SUFFICIENT TO…
Continue Reading Torts: Notice of Claim—Sufficiency of Alleged Facts Supporting Liability/Duty of State Issuing Liquor License

Martinez v. Zuniga, No. 2 CA-CV 2023-0214-FC (App. Div. II, March 21, 2024) (J. Vasquez) https://www.appeals2.az.gov/decisions/CV20230214Opinion.pdf
ARIZONA COURTS MUST HAVE PERSONAL JURISDICTION OVER A DEFENDANT BEFORE IT HAS ABILITY TO ISSUE PROTECTIVE ORDER AGAINST DEFENDANT/THE “MINIMUM CONT…
Continue Reading Personal Jurisdiction Required to Issue Order of Protection Against Defendant

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

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

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