Appeals

Appeals2019-10-09T12:19:51-07:00

ARIZONA’S MOST EXPERIENCED APPELLATE LAWYERS

With more than 75 collective years of experience, the firm’s Appellate Group has handled more than 700 appeals at all levels of state and federal courts. Working closely with JSH trial lawyers on a variety of matters, our appellate team provides effective counsel from the answer stage through the post-trial motion stage. When civil court decisions are appealed to a higher court, the team is prepared to handle the matter, from administrative appeals to state trial courts, to federal appeals before the U.S. Supreme Court.

In addition, our appellate lawyers are often retained by Valley law firms both before and after trial, to consult, co-counsel, and handle motions and appeals in all areas of litigation defense.

Our substantive areas of practice include:

  • Administrative Law
  • Automobile Liability
  • Aviation
  • Civil Rights Defense
  • Commercial/Contracts
  • Constitutional
  • Construction Defect
  • Correctional Institutions
  • Criminal
  • Educational Institutions Defense
  • Employment
  • Family Law
  • General Civil Liability
  • Governmental Liability
  • Insurance Coverage & Bad Faith
  • Medical & Professional Liability
  • Premises Liability
  • Product Liability
  • School Liability
  • Tribal Jurisdiction
  • Workers’ Compensation
  • Wrongful Death & Personal Injury

We are dedicated to finding the best legal strategies to advocate for our clients. Our attorneys—all law school standouts and former judicial clerks and/or legal externs—have been instrumental in shaping Arizona law, and are highly respected for their contributions to the field, as well as the results we achieve for our clients.

Representative Cases

  • Holding that the law of the state where workers compensation benefits were paid determines the assignment rights of employers and employees in third-party actions. Jackson v. Eagle KMC L.L.C., ___ P.3d ___, 2019 WL 73631 (Ariz. Supreme Ct. Jan. 2, 2019).
  • Obtained favorable opinion from Arizona Supreme Court, holding that claimants who settle third-party claims are not entitled to post-settlement trials to determine percentage of employer fault solely to reduce or extinguish a workers’ compensation carrier’s lien. Twin City Fire Ins. Co. v. Leija, 422 P.3d 1033 (Ariz. 2018).
  • Addressing challenge to collective entity doctrine for closely-held corporations and LLC’s based on Citizens United and Hobby Lobby and under exception to collective entity doctrine. In Re Twelve Grand Jury Subpoenas, ___ F.3d ___, 2018 WL 5905238 (9th Cir. 2018).
  • Clarifying standard for granting remittitur or additur and extending specificity requirement applicable to orders granting new trial to orders granting remittitur or additur. Soto v. Sacco, 398 P.3d 90 (Ariz. 2017).
  • Addressing scope of trial court’s authority to enjoin governmental entities when exercising their statutory authority in managing emergencies. Boruch v. State ex rel. Halikowski, 399 P.3d 686 (Ariz. App. 2017).
  • Won reversal of the Rule 60(c) ruling setting aside our defense verdict in Sloan (Ariz. App. 2017).
  • Successfully represented physician in appeal affirming that heightened standard of proof applies to emergency room conduct.  Stafford v. Burns, 389 P.3d 76 (Ariz. App. 2017).
  • Successfully defended physician in medical malpractice action; plaintiff was not entitled to automatic substitution of expert at summary judgment stage. St. George v. Plimpton, 384 P.3d 1243 (Ariz. App. 2016).
  • Successfully argued that a claimant must file a notice of claim before filing suit against a city council member.  Villasenor v. Evans, 386 P.3d 1273 (Ariz. App. 2016).
  • A case of first impression, Supreme Court adopted the learned intermediary doctrine and rejected direct to consumer marketing exception.  Watts v. Medicis, 365 P.3d 944 (Ariz. 2016).
  • Successfully argued that $38 million “Morris agreement” between the insureds and an entity they wholly owned and controlled was not enforceable. Fidelity Nat. Title Ins. Co. v. Centerpoint Mechanic Lien Claims, LLC, 238 Ariz. 135 (Ariz. App. 2015).
  • Successfully defended law firm sued by an ousted member of LLC attempting to bring a derivative action against LLC’s lawyers.  KCI Rest. Mgmt. LLC v. Holm Wright Hyde & Hayes PLC, 341 P.3d 1156 (Ariz. App. 2014).
  • Successfully argued that district court in environmental case failed to independently evaluate whether CERCLA consent decrees were fair, reasonable, and consistent with CERCLA’s objectives.  Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014).
  • Successfully argued that retirement agreement was not a shareholder agreement subject to expiration.  Gries v. Plaza Del Rio Mgmt. Corp., 335 P.3d 530 (Ariz. App. 2014).
  • Succeeded in workers’ compensation appeal holding that income from a horse-care business arose from an independent contractor relationship, precluding inclusion in wage calculation.  Munoz v. Industrial Com’n of Ariz., 318 P.3d 439 (Ariz. App. 2014).
  • Obtained reversal of capital conviction for failure to disclose Brady evidence concerning a police detective’s record of misconduct, Milke v. Ryan, 711 F.3d 998 (9th Cir. 2013), then obtained dismissal of capital case on double jeopardy grounds. Milke v. Mroz, 339 P.3d 659 (Ariz. App. 2014).
  • Won construction appeal holding that homeowners cannot assert claims directly against subcontractors for breach of warranty of workmanship and habitability.  Yanni v. Tucker Plumbing, Inc., 312 P.3d 1130 (Ariz. App. 2013).
  • Defended Governor’s and Senate’s removal of chairwoman.  Ariz. Indep. Redistricting Comm’n v. Brewer, 275 P.3d 1267 (Ariz. 2012).
  • Obtained dismissal of airline patron’s appeal of complaint’s dismissal.  Santee v. Mesa Airlines, 270 P.3d 915 (Ariz. App. 2012).
  • Obtained affirmance of dismissal of parents’ suit against school district for alleged violation of IDEA. R.P. v. Prescott Unified Sch. Dist., 631 F.3d 1117 (9th Cir. 2011).
  • Argued that female detention officer’s pat down over male inmate’s boxers was not unconstitutional. Byrd v. Maricopa County Sheriff’s Dep’t, 629 F.3d 1135 (9th Cir. 2011).  
  • Successfully argued for officer’s qualified immunity for arresting plaintiff on facially valid but quashed arrest warrant. Ochser v. Funk, 266 P.3d 1061 (Ariz. 2011).
  • Argued for untimeliness of claim for medical expenses; Supreme Court holds minor owns claim for medical expenses along with parent. Estate of DeSela v. Prescott Unified Sch. Dist. 249 P.3d 767 (Ariz. 2011).  
  • Counsel for Amicus in opinion upholding a defendant hospital and counsel’s right to speak informally with a treating physician employed by hospital. Phoenix Children’s Hospital v. Grant, 265 P.3d 417 (Ariz. App. 2011).  
  • Won affirmance of summary judgment on statute of limitations grounds. Best Choice Fund, LLC v. Low & Childers, 269 P.3d 678 (Ariz. App. 2011)
  • Won summary judgment on tribal employees’ claim against school district; tribal court lacks jurisdiction. Red Mesa Unified Sch. Dist. v. Yellowhair, 2010 WL 3855183 (D. Ariz. 2010).  
  • Won workers compensation case involving supportive care benefits. Bank One Corp. v. Indus. Comm’n of Arizona, 244 P.3d 571 (Ariz. App. 2010).
  • Won affirmance of summary judgment for City; officer’s early retirement was not a constructive discharge. Knappenberger v. City of Phoenix, 566 F.3d 936 (9th Cir. 2009).  
  • Won appeal establishing that punitive & compensatory damages are unavailable for ADEA retaliation. Alvarado v. Cajun Op. Co., 588 F.3d 1261 (9th Cir. 2009).
  • Amicus counsel in notice of claim cases. Backus v. State, 203 P.3d 499 (Ariz. 2009), and Lee v. State, 182 P.3d 1169 (Ariz. 2008).  
  • Addressed joint control of a roadway between City & ADOT. State v. City of Kingman, 176 P.3d 53 (Ariz. App. 2009)
  • Won affirmance of summary judgment for City on immunity grounds in road design case.  Kohl v. City of Phoenix, 160 P.3d 170 (Ariz. 2007).
  • Won affirmance of summary judgment for City on lack of causation grounds; plaintiff argued absence of light at bus stop caused abduction. Grafitti-Valenzuela v. City of Phoenix, 167 P.3d 711 (Ariz. App. 2007).
  • Counsel for amici counties in case holding that service of notice of claim on one board member insufficient to comply with statute.  Falcon v. Maricopa County, 144 P.3d 1254 (Ariz. 2006).
  • Won affirmance of summary judgment in personal injury action against school employee; New Mexico court applied Arizona’s statute of limitations. Sam v. Estate of Sam, 134 P.3d 761 (N.M. 2006).
  • Amicus counsel for city in case holding that City’s non-delegable duty does not negate developer’s liability. Nelson v. Grayhawk Props. L.L.C., 104 P.3d 168 (Ariz. App. 2004).
  • Won affirmance of summary judgment for City in claim by deaf citizens for changes to 911 system.  Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998).
  • Won affirmance of summary judgment for school district in case by high school students’ parents for car accident after students left school. Tollenaar v. Chino Valley Sch. Dist., 945 P.2d 1310 (Ariz. App. 1997).
  • Won U.S. Supreme Court case invalidating district court’s injunction requiring sweeping changes in prison libraries and inmate assistance. Lewis v. Casey, 518 U.S. 343 (1996).

KEY CONTACT

Eileen GilBride
Appellate Department Chair
egilbride@jshfirm.com

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