Witnesses In Grand Jury Proceeding Are Absolutely Immune From § 1983 Liability
Rehberg v. Paulk
U.S. Supreme Court, April 2, 2012
Authored by the JSH Appellate Team
The chief investigator for a D.A.’s office testified at three separate grand jury proceedings, with each […]
Disputes Over UM Claims Arise Out Of Contract, Allowing A Court To Award Attorneys’ Fees
Assyia v. State Farm
(Ct. Appeals, Div. One, March 22, 2012)
Authored by the JSH Appellate Team
An uninsured motorist (UM) injured Plaintiff Assyia, a passenger in a vehicle. State Farm insured […]
The Negligence Standard Applicable To A Common Carrier Is Reasonable Care Under The Circumstances
Nunez v. Professional Transit Management of Tucson, Inc.
Ariz. Supreme Court, February 23, 2012
Authored by the JSH Appellate Team
Linda Brown was confined to a wheelchair. She boarded a Tucson […]
Court Discusses Expert Qualifications In Medical Malpractice Cases; Upholds Constitutionality Of Expert Qualification Statute
Baker v. University Health Physicians, et. al.,
Ct. Appeals, Div. Two, February 22, 2012
Authored by the JSH Appellate Team
Plaintiff’s daughter, Tara, consulted with Dr. Wittman after being hospitalized […]
Court Examines Constitutionality Of City Ordinance Requiring Private Property Owner To Fix Sidewalk
Bonito Partners, LLC v. City of Flagstaff
Ct. Appeals, Division One, February 21, 2012
Authored by the JSH Appellate Team
A City of Flagstaff ordinance requires a landowner to repair a […]
Mark Zukowski Accepted Into The National Academy of Distinguished Neutrals (NADN)
Mark D. Zukowski was recently accepted into the National Academy of Distinguished Neutrals (NADN). NADN is a national association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Mark is one of only 21 attorneys and former judges who have been recognized as Charter Members of the Arizona Chapter. Parties can visit the Chapter website at www.NADN.org/arizona to schedule, at no administrative cost, mediations with Mark by having direct access to his availability calendar.
Disclosure Statements Are Admissible But Not Conclusive As To Fault; Preliminary Expert Affidavits Can Be Used As Substantive Evidence
Ryan v. San Francisco Peaks Trucking Company, Inc.
Ct. Appeals, Div. One, August 25, 2011
Authored by the JSH Appellate Team
Tana and Patrick Ryan were riding a motorcycle when they […]
California Supreme Court Rules That Plaintiff Can Recover Only Paid Medical Expenses, Not Full Billed Charges
Howell v. Hamilton Meats & Provisions, Inc.
Cal. Supreme Court, Aug. 18, 2011
Authored by the JSH Appellate Team
In a landmark decision, the California Supreme Court held today that a […]
County Does Not Owe Non-Delegable Duty To Person Undergoing Outpatient Treatment After Being Released From Involuntary Custody
Cohen v. Maricopa County
Ct. Appeals, Div. One, August 16, 2011
Authored by the JSH Appellate Team
A man was involuntarily held in a hospital because he was a danger to […]
Comparative Fault Principles Do Not Apply To Contract Claims
Fidelity and Deposit Company of Maryland v. Bondwriter Southwest
Ct. Appeals, Div. One, July 28, 2011
Authored by the JSH Appellate Team
Fidelity sued Bondwriter for breach of contract and negligence, […]