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 [...]
Mandatory “Real Property” Venue Provision Does Not Apply To Cases Alleging Personal Injury Arising From The Use Of Real Property
Nielson v. Hicks Ct. Appeals, Div. One, September 21, 2010 Authored by the JSH Appellate Team The Nielsons were injured in a plane crash in St. Johns, Arizona, when [...]
Pre-Judgement Interest And Fees Are Included When Calculating Whether A Judgement Is More Favorable Than Arbitration Award
Aqua Management Inc. v. Abdeen Ct. Appeals, Div. One, March 23, 2010 Authored by the JSH Appellate Team Aqua Management sued the Abdeens for breach of contract. The case [...]
Commercial General Liability Policy Does Not Cover Claims Arising Out Of Criminal Acts
Wilshire Insurance Company v. S.A. Ct. Appeals, Div. One, March 23, 2010 Authored by the JSH Appellate Team The insured pled guilty to assaulting a 15-year-old. The minor sued [...]
Employee Assigned To Work Out Of Town Is In Course Of Employment When Traveling To And From Restaurant
McCloud v. Kimbro Ct. Appeals, Div. Two, March 23, 2010 Authored by the JSH Appellate Team A Phoenix DPS officer was assigned to work in the Douglas area, where [...]
Court Addresses Circumstances When A Motion To Dismiss Must Be Treated As A Motion For Summary Judgement
Strategic Development and Construction v. 7th & Roosevelt Partners, LLC Ct. Appeals, Div. One, March 18, 2010 Authored by the JSH Appellate Team 7th and Roosevelt ("Partners") owns commercial [...]