Economic Loss Doctrine Applies To Prevent Tort Damages In Construction Defect Cases
Flagstaff Affordable Housing Ltd. Partnership v. Design Alliance, Inc.
Supreme Court, February 12, 2010
Authored By The JSH Appellate Team
The “economic loss doctrine” refers to the common law rule that limits […]
Industrial Commission Must File Award With Court Clerk To Preserve 8-Year Lien Right
Industrial Commission v. Tommy Wood dba Pacific Mechanical Service
Supreme Court, February 8, 2010
Authored By The JSH Appellate Team
Robert Ruehrmund was injured in Defendant’s employ on August 2, 1991. He elected to […]
“Interruption Of Business” Term In Insurance Policy Can Include Decreased Patronage
Aztar Corporation v. U.S. Fire
Ct. Appeals, Div. One, January 28, 2010
Authored By The JSH Appellate Team
This appeal addressed a coverage dispute regarding whether insurance benefits are provided for […]
No Evidence That Time Physician Is Liable For Aiding And Abetting Insurer’s Alleged Bad Faith
Federico v. Maric
Ct. Appeals, Div. One, January 28, 2010
Authored By The JSH Appellate Team
In April 2005, Plaintiff suffered a back injury at work. He received brief treatment at MBI […]
Plaintiff Who Fails To Participate In Arbitration Waives Right To Appeal Award
Romer-Pollis v. Ada
Ct. Appeals, Div. One, December 24, 2009
Authored By The JSH Appellate Team
Plaintiff was involved in an auto accident. The suit against Defendant was referred to arbitration. […]
Insurers Are Not Automatically Protected When Using DOI Approved Form To Offer Uninsured Motorist Coverage
Ballesteros, et. al v. American Standard Insurance Co. of Wisconsin
Ct. Appeals, Div. Two, December 23, 2009
Authored By The JSH Appellate Team
Plaintiff Mr. Ballesteros, whose primary language is Spanish, […]
Pet Owners Cannot Recover Emotional Distress Or Loss Of Companionship Damages For Injury Or Death Of Pet
Kaufman v. Langhofer
Ct. Appeals, Div. One, December 22, 2009
Authored By The JSH Appellate Team
Plaintiff owned a macaw (Salty) for approximately nine years. The macaw was diagnosed with cloacal […]
Osha Standards Maybe Considered As Some Evidence Of The Standard Of Care
Wendland v. AdobeAir, Inc.
Ct. Appeals, Div. One, December 8, 2009
Authored by the JSH Appellate Team
Plaintiff fell into an open pit in a building controlled by Defendant. Plaintiff presented expert […]
Court Should Review Records To Determine Whether To Release Documents Concerning Death By Potential Criminal Conduct
Schoeneweis v. Hamner, et. al
Ct. Appeals, Div. One, December 1, 2009
Authored By The JSH Appellate Team
Diamondbacks relief pitcher Scott Schoeneweis asked the trial court to stop three governmental […]