Federal Malicious Prosecution Case Must Be Based On Fourth Amendment, Not Substantive Due Process
Yanes v. Maricopa County
Ct. Appeals, Division One, November 8, 2012
Authored by the JSH Appellate Team
While Plaintiff Yanes was being processed into jail for allegedly molesting and murdering his 11-month-old […]
Party Cannot Protect A “Testifying” Expert Witness From Discovery By Re-Designating Him A “Consulting” Witness After His Opinions Have Been Disclosed
Para v. Anderson
Ct. Appeals, Division One, November 1, 2012
Authored by the JSH Appellate Team
Plaintiff sued Dr.’s Para and Khoury for negligence and wrongful death. Plaintiff disclosed Dr. Pantilat as a […]
New Law Changes Public Insurance Requirements For Rental Companies
Authored by the JSH Appellate Team
On November 1, 2012, a new law will change the legal responsibilities of vehicle rental companies when their renters are involved in accidents. In […]
An Unsigned Real Estate Agreement Is Not Enforceable
Young v. Rose
Ct. Appeals, Division One, September 25, 2012
Authored by the JSH Appellate Team
A real estate agent may sue to recover compensation under a real estate employment agreement only […]
Attorneys’ Fee Award Cannot Be Based On Financially Unreasonable Contingency Agreement
Geller v. Lesk
Ct. Appeals, Division One, September 25, 2012
Authored by the JSH Appellate Team
Generally, a court will enforce a contractual provision providing that a party will recover attorney’s fees. […]
Medical Expert’s Qualifications Must Match Only Those Of The Defendant’s Specialty Relating To The Incident
Lo v. Lee, et al.
Ct. Appeals, Division Two, September 20, 2012
Authored by the JSH Appellate Team
Lo is a board-certified ophthalmologist. He claimed a subspecialty in oculoplastic surgery. Plaintiff sued […]
Tattooing Is Expressive Speech Protected By The First Amendment
Coleman v. City of Mesa
(Ariz. Supreme Court, September 7, 2012)
Authored by the JSH Appellate Team
Plaintiffs wanted to open a tattoo parlor in the City of Mesa. The Mesa City […]
Court Of Appeals Defers To Board’s Decision To Terminate Employee, Not To The Hearing Officer’s Non-Binding Report After Evidentiary Hearing
Blancarte v. Ariz. Dep’t of Transp.
Arizona Court of Appeals, Division One, July 31, 2012
Authored by the JSH Appellate Team
Plaintiff Blancarte was an ADOT customer service representative. ADOT dismissed her […]
Written By: Ninth Circuit Upholds Summary Judgment For Taser In Death Case
Rosa v. TASER
Ninth Circuit Court of Appeals, July 10, 2012
Authored by the JSH Appellate Team
Rosa was under the influence of methamphetamine when he was tased almost a dozen times […]