“No Liability” Clause Does Not Preclude Recovery For Additional Costs In Construction Case
Technology Construction, Inc. v. City of Kingman
Ct. Appeals, Div. One, June 12, 2012
Authored by the JSH Appellate Team
Plaintiff entered into a construction contract with the City. The City […]
Broad Indemnity Language In Contract Covers All Liability, Including That Subject To A Covenant Not To Execute
Flood Control District v. Paloma Inv. Ltd. Partnership
Ct. Appeals, Division One, May 31, 2012
Authored by the JSH Appellate Team
The Flood Control District undertook a flood control project in the […]
Court Decides Who Owns Money Found Within Walls Of Home
Grande v. Jennings
Ct. Appeals, Division One, May 31, 2012
Authored by the JSH Appellate Team
Grande was the personal representative of her father’s estate. Grande knew her father liked hiding […]
After Appellate Reversal Of A New Trial Order, Prejudgment Interest Extends To The Date Of The Judgement After Appeal; It Does Not End With Entry Of The Original Judgement
Metzler v. BCI Coca-Cola Bottling Co. of L.A. Inc.,
Ct. Appeals, Division Two, May 11, 2012
Authored by the JSH Appellate Team
Plaintiff made a Rule 68 offer of judgment that Defendant […]
Family Purpose Doctrine Does Not Include Romantic Relationship
Alosi v. Hewitt,
(Ct. Appeals, Division One, May 3, 2012).
Authored by the JSH Appellate Team
Plaintiff (husband) sued a driver who collided with him, the driver’s employer company, and the related […]
Punitive Damage Award Unconstitutionally Excessive
Nardelli v. Metro. Group Prop. & Cas. Ins. Co.
Ct. Appeals, Div. One, May 1, 2012
JSH Appellate TeamAuthored by the
Nardelli purchased a new car which was stolen about a year […]
Plaintiff Must Make Prima Facie Showing That Punitive Damages Are Awardable Before Discovery On Defendant’s Finances Are Allowed
Arpaio v. Figueroa
Ct. Appeals, Division Two, April 30, 2012
Authored by the JSH Appellate Team
Plaintiff alleged that her mother, a diabetic, died as a result of spending three days in […]
Foreign Company That Uses U.S. Distributor To Target Arizona Customers Is Subject To Arizona Jurisdiction
Van Heesewyk v. Jabiru Aircraft Pty, Ltd.
Ct. Appeals, Division Two, April 24, 2012
Authored by the JSH Appellate Team
Decedent died when the airplane he was piloting crashed in Arizona. Decedent […]
Party That Does Not Hold A Privilege Has No Standing To Contest Decision To Admit Privileged Testimony
D’Amico v. Structural I Company
Ct. Appeals, Division One, April 3, 2012
Authored by the JSH Appellate Team
Business owners nearing retirement were seeing a psychologist about their personal and business […]
Detainee Who Was Arrested For Minor Offense May Be Strip Searched Without Individualized Suspicion OF Contraband
Florence v. Bd. of Chosen Freeholders
U.S. Supreme Court, April 2, 2012
Authored by the JSH Apellate Team
Petitioner was arrested during a traffic stop on an outstanding bench warrant for […]