Pet Owners Cannot Recover Emotional Distress Or Loss Of Companionship Damages For Injury Or Death Of Pet
Kaufman v. Langhofer Ct. Appeals, Div. One, December 22, 2009 Authored By The JSH Appellate Team Plaintiff owned a macaw (Salty) for approximately nine years. The macaw was diagnosed [...]
Osha Standards Maybe Considered As Some Evidence Of The Standard Of Care
Wendland v. AdobeAir, Inc. Ct. Appeals, Div. One, December 8, 2009 Authored by the JSH Appellate Team Plaintiff fell into an open pit in a building controlled by Defendant. [...]
Court Should Review Records To Determine Whether To Release Documents Concerning Death By Potential Criminal Conduct
Schoeneweis v. Hamner, et. al Ct. Appeals, Div. One, December 1, 2009 Authored By The JSH Appellate Team Diamondbacks relief pitcher Scott Schoeneweis asked the trial court to stop [...]
Workers’ Compensation and the Duty of Good Faith and Fair Dealing to the Employer and Employee: An Inherent Conflict
Written by: Don Myles & Les Tuskai Introduction Workers’ compensation is a statutory system originally conceived and designed to quickly and efficiently provide comprehensive benefits to injured workers without the [...]
Insurer Defending Under Reservation Of Rights Loses Its Subrogation Rights If It Received Notice And The Insured’s Settlement Was Reasonable
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 [...]
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 [...]