Greek life is a big part of the college experience at the University of Arizona and Arizona State University.  It offers camaraderie and a sense of community to many students. It also the hub of significant social activity and parties. Unfortunately, the fraternity party scene can sometimes lead …
Continue Reading Holding Greek Life Fraternity Houses Liable for Underage Drinking and Injuries

Avita v. Crisis Preparation & Recovery, Inc., No CV-22-0288-PR (October 16, 2023) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220288PR.pdf
A.R.S. § 13-3620(A) CREATES A DUTY TO REPORT PRIOR BUT NOT FUTURE HARM FROM CHILD ABUSE, NEGLECT OR ENDANGERMENT AND COMMON LA…
Continue Reading Torts: Duty to Third Parties to Warn of Risk of Future Harm/Child Abuse

Do v. Arizona Bd. Of Regents, No. 1 CA-CV 22-0752 (App. Div. I, October 19, 2023( (J.Foster) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/Do%20v.%20ABOR%20-%20Final.pdf
WHERE ADMINISTRATIVE AGENCY HAS NO RULE GOVERNING HOW TO NOTIFY A PARTY OF ITS DECISION, A.R.S § 12-904(A) REQUIRE…
Continue Reading Civil Procedure/Administrative Law: Notice Requirement for Administrative Order

Torres v. JAI Dining Services, Inc., No. CV-22-0142-PR (October 16, 2023) (C.J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220142PR.pdf
ARIZONA CONSTITUTION ANTI-ABROGATION CLAUSE DOES NOT PROHIBIT LEGISLATURE FROM LIMITING COMMON LAW DRAM SHOP ACTIONS BECAUSE DRAM …
Continue Reading Torts: Arizona Constitution Anti-Abrogation Clause Inapplicable to Legislation Regulating Dram Shop Actions

Cancer is a devastating diagnosis.  This is sometimes compounded by substandard medical care.  Over the years, I have seen several types of medical malpractice cases related to cancer diagnosis and treatment.
The first type is the failure to timely diagnose cancer, which can cause loss of a sign…
Continue Reading CANCER DIAGNOSIS AND TREATMENT—MALPRACTICE ISSUES

Western Millwork v. Industrial Comm’n, No. 1CA-IC 22-0038 (App. Div. I, September 21, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/IC%2022-0038%20Zerby.pdf
DEATH OR INJURY FROM COVID-19 TRACEABLE TO INTERACTIONS WITH AN INFECTED COWORKER WHILE ON DUTY IS COMPENSAB…
Continue Reading Workers’ Compensation: Death or Injury from COVID-19 Compensable

Bariatric surgery to combat obesity is performed over 250,000 times a year in the U.S.  The results are often successful, but the surgery carries with it numerous potential complications, including infection, diet limitations, and hernia.
However, another complication is also possible—Warneke’s …
Continue Reading SHORT-TERM MEMORY LOSS AFTER BARIATRIC SURGERY WARNEKE’S ENCEPHALOPATHY

Roebuck v. Mayo Clinic, No. 1 CA-CV 22-0508 (App. Div. I, September 19, 2023) (J. Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0508%20-%20Roebuck%20final%20OP.pdfARTICLE 18 § 6 OF ARIZONA BARS LEGISLATURE FROM ELIMINATING SIMPLE NEGLIGENCE IN MEDICAL MALPRACTICE …
Continue Reading Torts: Medical Negligence Claims Regarding Medical Care Related to the Pandemic Preserved By Anti-Abrogation Clause of AZ Constitution Revoking Statute Eliminating Them in Favor of Gross Negligence and Willful Conduct

Cocchia v. Testa, No. 1 CA-CV 22-0571 (App. Div. I, September 12, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0571%20Cocchia.pdf
DEFENDANT CAN RAISE LACK OF PERSONAL JURISDICTION IN STATE WHERE JUDGMENT IS OBTAINED OR IN THE STATE WHERE ENFORCEMENT OF THE…
Continue Reading Jurisdiction: Personal Jurisdiction & Issue Preclusion Regarding Judgment in Foreign Jurisdiction

North Shore Condominium Ass’n v. Wan-Tsing Kwang, No. 1 CA-CV 22-0641 (App. Div. I, September 14, 2023) (J. Campbell) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0641%20North%20Shore%20OP.pdfARBITRATION AWARD ADDING FEES AND COSTS TO AMOUNT AWARDED IN “NOTICE OF DECISION”  I…
Continue Reading Compulsory Arbitration Awards: Validity of Untimely Arbitration Award

Campion v. City of Tucson, No. 2 CA-CV 2022-0046 (App. Div. II, September 11, 2023) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20220046Opinion.pdf
A.R.S. § 12-820.03(A) GIVES TRIAL COURT DISCRETION TO BIFURCATE LIABILITY AND DAMAGE ISSUES FROM THE APPLICABILITY OF A GOVERNMENTAL IMMUNIT…
Continue Reading Torts: Governmental Immunity/Disclosure Obligations

This blog will be updated monthly to highlight legal knowledge that is beneficial for all of us to know and use when common situations arise in our everyday lives.
Insurance
*Homeowners insurance does not just protect you in the event that your home and/or personal property are damaged. It also…
Continue Reading Important legal knowledge that everyone should know

Tucson will host the world renowned El Tour de Tucson on November 18, 2023. This annual race is in its 40th year and welcomes over 7,500 riders in distances from 102 miles to a family fun ride of 1 mile.
With the El Tour de Tucson drawing near, our streets are buzzing with an increasing number o…
Continue Reading Bike Safety – Share the Road with Care