Written by: Jonathan Barnes | Published in The JSH Reporter – Fall 2019 Issue
Since 2014, Jon has authored this section of the firm’s resource magazine. Jon concentrates his practice on federal and state appeals in all types of civil litigation, including medical malpractice, governmental liability, employment, family law and torts. He also assists trial counsel in preserving the record for appeal, preparing dispositive and post-trial motions, and crafting proposed final judgments.
These Appellate Highlights are provided as a general overview as to the appellate court’s decisions in the past year.
October 3, 2018
Doneson v. Farmers Ins. Exch.
Arizona Court of Appeals, Division Two
Insurer correctly denied benefits under a workers’ compensation exclusion of the insured’s automobile liability policy.
October 10, 2018
Starr Pass Resort Devs., LLC v. Harrington
Arizona Court of Appeals, Division Two
Parties can use property in lieu of cash to post a supersedeas bond and stay a judgment while an appeal is pending.
November 13, 2018
Ahmad v. State of Arizona
Arizona Court of Appeals, Division One
Trial court failed to state with particularity the grounds for its remittitur and conditional new trial order, and the record did not reveal substantial evidence supporting the order.
Read our Law Alert on this case.
November 15, 2018
Dupray v. JAI Dining
Arizona Court of Appeals, Division One
Trial court erred in failing to give proposed instruction on intervening and superseding cause in dram shop case.
Read our Law Alert on this case.
November 27, 2018
Spooner v. City of Phoenix
Arizona Court of Appeals, Division One
Law enforcement officer is not subject to civil liability for simple negligence arising from an investigation into criminal activity.
Read our Law Alert on this case.
November 29, 2018
Hopi Tribe v. Arizona Snowbowl
Arizona Supreme Court
Environmental damage to public land with religious, cultural, or emotional significance to the plaintiff is not special injury for public nuisance purposes.
December 4, 2018
Aguirre v. Industrial Commission of Arizona
Arizona Court of Appeals, Division One
Administrative law judge failed to make legally sufficient findings to enable proper judicial review of the Industrial Commission award.
December 18, 2018
Conklin v. Medtronic
Arizona Supreme Court
Federal law impliedly preempts an Arizona common law failure-to-warn claim based on a medical device manufacturer’s failure to submit adverse event reports to the FDA.
January 15, 2019
Danial v. Industrial Commission of Arizona
Arizona Court of Appeals, Division One
Airport taxicab driver who sought workers’ compensation benefits for injuries he sustained while driving a taxi he leased from a cab company was an independent contractor and not an employee.
February 19, 2019
Span v. Maricopa County Treasurer
Arizona Court of Appeals, Division One
Unjust enrichment claim is not available where plaintiff paid taxes on his property and the defendant, rather than retaining the benefit, forwards money under color of law to a third-party lienholder that paid the taxes initially.
February 28, 2019
Diaz v. Superior Court (State of Arizona)
Arizona Supreme Court
Arizona’s implied consent statute does not require that the arrestee’s agreement be voluntary before police may obtain a blood or breath sample from a person arrested for DUI.
February 28, 2019
State of Arizona v. De Anda
Arizona Supreme Court
DUI arrestee’s consent to a blood test was not invalid based on officer’s statement that arrestee’s driving privileges would be suspended if he refused the request.
March 14, 2019
Harle v. Williams
Arizona Court of Appeals, Division One
Contract barring a party from executing on a judgment tolls the statutory 10-year enforcement period.
April 30, 2019
Shepherd v. Costco
Arizona Court of Appeals, Division One
HIPAA does not preempt state-law negligence claims for wrongful disclosure of medical information and may inform the standard of care in state-law negligence actions.
May 9, 2019
Meno’s Construction LLC v. Industrial Commission of Arizona
Arizona Court of Appeals, Division One
ALJ is required to evaluate the liability of each contractor and subcontractor made a party to a workers’ compensation claim.
May 16, 2019
State v. Mahoney
Arizona Court of Appeals, Division One
State may name as a nonparty at fault the individual who negligently left open the gate for which the State was responsible to maintain even though the State cannot identify that person by name.
Read our Law Alert on this case.
May 17, 2019
Normandin v. Encanto Adventures, LLC
Arizona Supreme Court
Defendant is not a “manager” of land used for recreational purposes and therefore is not entitled to immunity under Arizona’s recreational use statute.
Read our Law Alert on this case.
June 11, 2019
Dignity Health v. Farmers Insurance
Arizona Court of Appeals, Division One
Medpay coverage is not health insurance for purposes of the relevant lien statute, so those payments are subject to the health care provider lien.
Read our Law Alert on this case.