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 […]
Employer Not Vicariously Liable For Employee’s After-Work Accident During Away-From-Home Assignment
Engler v. Gulf Interstate Engineering
Ariz. Supreme Court, July 9, 2012
Authored by the JSH Appellate Team
Gray worked for employer Gulf, a Texas-based energy consulting company. In 2007, Gray worked on […]
Length Of Detention Can Turn Constitutional Detention Supported By Reasonable Suspicion Into De Facto Arrest Unsupported By Probable Cause
Arizona v. Boteo-Flores
Arizona Supreme Court, July 3, 2012
Authored by the JSH Appellate Team
Police officers went to an apartment complex and saw a black truck matching the description of a stolen […]
JSH Attorneys Obtain Defense Verdict for National Insurer in Bad Faith and Punitive Damage Case
Barbara Sloan v. Farmers Insurance Company of Arizona, Farmers […]
Taking A Buccal Swab From A Juvenile Pre-Adjudication Does Not Violate The 4th Amendment, But Submitting The Sample For DNA Testing Does, Without Probable Cause
Mario W. v. Arizona
Ariz. S. Ct. June 27, 2012
Authored by the JSH Appellate Team
A statute requires law enforcement to obtain a buccal sample from juveniles who are arrested for […]