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State v. Clay, No. 1 CA-CR 22-0571(App. Div. I, August 1, 2023) (J. Kiley) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CR%2022-0571%20State%20v.%20Clay%20OP.pdf
RESTITUTION PAYMENTS MAY BE ORDERED TO BE PAID TO “ANY PERSON” WHO SUFFERS ECONOMIC LOSS CAUSED BY DEFENDANT INCLU…
Continue Reading Restitution to Person Not Victim or Immediate Family

Quinn v. Cardenas, No. 1 CA-CV 22-0398 (App. Div. I, August 1, 2023) (J.Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0398%20Quinn.pdf
WHERE ESSENTIAL FACTS SUPPORTING FEDERAL COURT SUMMARY JUDGMENT ARE ESSENTIAL TO PROVING STATE COURT CLAIMS, DOCTRINE OF ISSU…
Continue Reading Issue Preclusion Applied in State Court Based Upon Federal Judgment

Postscript:Our friend, Greg Gadarian, points out that the policy at issue in Columbus Life Insurance Co. originated in 2003.  In 2008, Arizona added ARS. Sec 20-443.02. That section states:
A. Intentionally practicing or planning to initiate a life insurance policy for the benefit of a person or…
Continue Reading Insurance: Life Insurance Contestability for Lack of Insurable Interest After Expiration of Contestability Period

Wallace v. Smith, No. CV-22-0143-SA (July 25, 2023) (J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220143SA.pdf
ARCAP 7(A)(4)(A) REQUIRING SUPERSEDEAS BOND BE CALCULATED TO INCLUDE “DAMAGES, COSTS, ATTORNEYS’ FEES AND PREJUDGMENT INTEREST” CONTROLS OVER A.R.S. § 12-…
Continue Reading Arizona Rules of Appellate Procedure Trumps Statute on How to Compute Supersedeas Bond

Doe v. Roman Catholic Church, No. 1 CA-CV 22-0143 (App. Div. I, June 29,  2023) (J.Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0143%20-%20Doe%20v.%20Roman%20Catholic%20Church%20et%20al.%20Final%20OP.pdf
TIMELY APPEAL AGAINST ONE DEFENDANT DOES NOT RENDER OTHERW…
Continue Reading Timeliness of Appeal from Rule 54(b) Judgment/Vicarious Liability of Diocese for a Acts of Priest

Mediation is a powerful tool that allows parties involved in a legal dispute to seek a resolution outside of the courtroom. As a client preparing for mediation, it’s essential to approach the process strategically and with careful consideration.

Understand the Mediation Process: Before enteri…
Continue Reading Navigating Mediation: How to Prepare for a Successful Resolution

Peloton, a leading name in the home fitness industry, has gained popularity for its interactive workout experience.
On May 11, 2023, the company announced a recall effecting 2.2 million bikes. This voluntary recall applies to Peloton original bike sold in the United States between 2018 and 2022….
Continue Reading Peloton Recalls 2.2 Million Bike Seats – How to Get Yours Fixed

Picture this: you’re cruising down the streets of Arizona, minding your own business, when suddenly a car making a left turn collides with your vehicle. Left turn accidents are all too common on our roads, but who bears the responsibility in such cases? Let’s delve into the Arizona Revised Statut…
Continue Reading Left Turn Accidents and Liability in Arizona – Who's at Fault

Kelly v. Blanchard, No. 1 CA-SA 23-0021 (App. Div. I, April 27, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0021%20Kelly%20v.%20Hon.%20Blanchard.pdf
Ariz. R. Civ. P. 35(d)(2)(B) REQUIRING PARTY WHO REQUESTS INDEPENDENT MEDICAL EXAMINATION TO PRODUC…
Continue Reading Civil Procedure: Obligation to Produce “Like Reports” of IME Physician or Psychologist

Laurence v. Salt River Project Agricultural Improvement & Power District, No. CV-21-0292-PR (April 28,  2023) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV210292PR.pdf
WHERE TORT CLAIM AGAINST EMPLOYEE IS DISMISSED FOR REASONS UNRELATED TO MERITS OF CASE RESPONDEAT …
Continue Reading Torts—Respondeat Superior Against Employer Where Employee Dismissed with Prejudice