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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]