Court Reverses Punitive Damage Verdict Against Insurer
A motorcyclist was injured when he slammed into a car that had stopped abruptly in front of him. Although the driver of the car was uninsured, the motorcyclist had [...]
Appellate Tip: Preserve “No-Duty” Arguments in Negligence Cases with Pretrial and Post-Trial Motions
Written By: Jennifer Anderson In Quiroz v. ALCOA, Inc. (May 11, 2018), the Arizona Supreme Court recently clarified the “duty” element of a negligence claim and reaffirmed prior decisions [...]
Appellate Tip: Ensure Your Summary Judgment Pleadings Are Ready For Appeal
Written By: Eileen GilBride, Justin Ackerman, Jennifer Anderson & Jonathan Barnes Because summary judgment Rulings are reviewed under a de novo standard, they are one of the most common [...]
Appellate Tip: Jury Instructions – Be Careful!
Written By: Eileen GilBride, Lori Vopel & Justin Ackerman If the judge asks you to email him (or her) your proposed jury instructions, and wants to exchange drafts by [...]
Appellate Tip: Decision On Filing Special Action Hinges On Several Factors
Written By: Lori Voepel One question we are often asked is whether a particular state court order should be challenged through a petition for special action in the Arizona [...]
Appellate Tip: Strict Deadlines Govern Filing of Post-Trial Motions
Written By: Jennifer Anderson You’ve lost your trial, and want to tee up your case for an appeal. Some issues might need to be preserved through a post-trial motion. [...]
Appellate Tip: At What Point is a Certification of Rule 54(B) Appropriate?
Written By: Lori Voepel Recently, opposing counsel asked if we would stipulate to Rule 54(b) certification of a particular order granting/denying summary judgment on some but not all of [...]
Attorney General, Federal Courts Push Back Against Serial ADA Litigator
Advocates for American Disabled Individuals, LLC v. 1639 40th Street, LLC Superior Court of the State of Arizona, August 30, 2016 Since February 2016, Advocates for Individuals with Disabilities [...]
Non-Hospital Health Care Provider’s Lien Is Invalid If Not Perfected Within 30 Days After First Providing Service
Premier Physicians Group v. Navarro Arizona Supreme Court, August 30, 2016 Here the Supreme Court addressed the deadline by which a non-hospital health care provider must perfect its lien [...]
Appellate Tip: Make Sure That Your Judgment or Order is Final and Appealable
Written By: Eileen GilBride & Jonathan Barnes No judgment is final and appealable in Arizona state courts unless it contains a certification, either under Rule 54(b) or Rule 54(c) [...]