Court Upholds Constitutionality Of Statute Providing Qualified Immunity To Public Entity Or Employee Causing Injury To Driver Where Driver Was Under The Influence
Devries v. State of Arizona, et. al
Ct. Appeals, Div. One, March 31, 2009
Authored by the JSH Appellate Team
DeVries was driving on the 101, lost control, and hit a […]
The Economic Loss Doctrine Does Not Apply To A Case Against A Design Professional
Flagstaff Affordable Housing Limited Partnership v. Design Alliance Inc.
Ct. Appeals, Div. One, March 24, 2009
Authored by the JSH Appellate Team
Owner Plaintiff contracted with Defendant Architect for the design […]
Evidentiary Errors Cause reversal Of Medical Malpractice Defense Verdict
Pipher v. Loo
Ct. Appeals, Div. One, March 10, 2009
Authored by the JSH Appellate Team
Plaintiff sued a dentist alleging nerve damage from dentist’s negligent administration of anesthetic. The jury […]
Attorney Does Not Have A Charging Lien On Client’s Recovery Where Recovery Fund Is Eliminated By Rule 68 Sanctions
Monterey Homes v. Federated Mutual Insurance Company
Ct. Appeals, Div. One, February 10, 2009
Authored by the JSH Appellate Team
Monterey Homes was sued for construction defects. Monterey filed a third-party complaint […]
Non-Party At Fault Notice Requires Facts Explaining Why Non-Party Is Liable; Rule 68 Sanctions Include Non-Testifying Expert Fees
Scottsdale Ins. Co. v. Cendejas
Ct. Appeals, Div. One, March 3, 2009
Authored by the JSH Appellate Team
Anthony Cendejas was sawing into a wall of a home when he caused […]
Punitive Damages Eight Times Compensatory Ruled Excessive And Reduced To A 1:1 Ratio
Hudgins v. Southwest Airlines, Co.
Ct. Appeals, Div. One, January 13, 2009
Authored By The JSH Appellate Team
Plaintiffs, Virginia-based bail enforcement agents, were traveling to Phoenix to apprehend a fugitive. Before […]
Metadata Created On A Public Computer Is Not Itself A Public Record Under The Public Records Law
Lake v. City of Phoenix
Ct. Appeals, Div. One, January 13, 2009
Authored By The JSH Appellate Team
Plaintiff requested public records from the City of Phoenix, and alleged that the […]
Trial Court May Consider An Application For Attorneys’ Fees Filed After A Judgement Dismissing Complaint For Lack Of Prosecution
Britt v. Steffan
Ct. Appeals, Div. One, December 26, 2008
Authored By The JSH Appellate Team
Plaintiffs sued Defendants for breach of contract and negligent misrepresentation. Defendants’ answerrequested dismissal of the […]
The Six-Month Deadline For Seeking Rule 60(C) Relief Does Not Apply To A Motion To Set Aside A Default
Harper v. Canyon Land Development
Ct. Appeals, Div. One, December 23, 2008
Authored By The JSH Appellate Team
Plaintiff, a bookkeeper, sued Canyon Land Development for breach of contract and demanded […]