AHCCCS Is Limited In Its Lien Recovery From a Tort Plaintiff Who Settles For Less Than The Value Of His Case
Southwest Fiduciary, Inc. v. AHCCCS Ct. Appeals, Div. One, March 10, 2011 Authored by the JSH Appellate Team This is a consolidation of two cases. In the first case, [...]
A.R.S. § 12-2604, The Medical Expert Requirement Statute Is Not Unconstitutional
Governale v. Lieberman Ct. Appeals, Div. One, March 10, 2011 Authored by the JSH Appellate Team Governale filed a medical malpractice suit against Lieberman, a neurosurgeon. In his initial [...]
Participants In Brawl Can Be Held Jointly And Severally Liable
Chappell v. Wenholz Ct. Appeals, Div. One, February 8, 2011 Authored By The JSH Appellate Team Defendants, a group of friends, were drinking at a hotel bar. They encountered [...]
No Personal Jurisdiction Over Missouri Resident Whose Spouse Has Arizona Business Dealings
Sigmund v. Rea Ct. Appeals, Div. One, February 1, 2011 Authored By The JSH Appellate Team To determine whether the husband's unilateral business dealings in Arizona also conferred personal [...]
Notice Of Claim That Fails To Correctly Identify Owner Of Subject Real Property Does Not Satisfy Claim Statute
Turner v. City of Flagstaff Ct. Appeals, Div. One, February 22, 2011 Written by the JSH Appellate Team The Arizona Private Property Rights Protection Act provides a cause of [...]
Arizona Court May Exercise Personal Jurisdiction Over Non-Resident Defendants Who Possess Purposeful, Minimum Contacts With State
The Planning Group of Scottsdale v. Lake Mathews Mineral Properties, Ltd.Ariz. Supreme Court, January 21, 2011Authored By The JSH Appellate TeamThis case involves a suit between Arizona Plaintiffs and California [...]
Insured And Primary Insurer Cannot Join A “Morris” Agreement To Avoid Insurer’s Obligation To Pay Policy Limits
Leflet v. Redwood Fire and Cas. Ins. Co. Ct. Appeals, Div. One, January 20, 2011 Authored By The JSH Appellate Team The lawsuit arose out of a construction defect [...]
Insurers Need Not Have A Spanish Language To “Make Available” Uninsured And Underinsured Coverage
Ballesteros v. Am. Standard Ins. Co. of Wis. Arizona Supreme Court, January 20, 2011 Authored By The JSH Appellate Team A.R.S. § 20-259.01 requires insurers to "make available" and [...]
Both Minor And Parent Have The Right To Recover Minor’s Medical Expenses
Desela v. Prescott Unified School District Ariz. Supreme Court, January 18, 2011 Authored By The JSH Appellate Team On November 10, 2004, minor plaintiff was injured at Prescott High [...]
Court Of Appeals Holds Daubert Statute Unconstitutional
Lear v. Fields Ct. Appeals, Div. Two, January 12, 2011 Authored By The JSH Appellate Team Lear was charged with sexual abuse of a minor. The State intended to [...]