Yearly Archives: 2017

Smith & Wesson Corp. v. The Wuster – 11/21/2017

November 28, 2017
The Arizona Court of Appeals Division One holds that for a default judgment to be valid, the factual allegations in a complaint admitted by default by a non-resident defendant must establish that the exercise of personal jurisdiction over the defendant comports with due process.

Twin City v. Leija (amended 11/8/17) (8/31/2017)

November 20, 2017
Arizona Court of Appeals Division One holds that when a worker who has collected worker’s compensation from his employer settles a claim against a third party for less than the limits of the third party’s insurance, the worker may obtain a judicial determination of whether a lien placed on the settlement funds by his employer’s insurance carrier should be reduced to account for the employer’s comparative fault.

Spring v. Bradford (10/23/2017)

November 13, 2017
The Arizona Supreme Court holds that a witness’s violation of an exclusion order under Ariz. R. Evid. 615 is presumptively prejudicial only if the violation is “substantial” and makes proving prejudice nearly impossible; otherwise, the burden is on the moving party to show “an objective likelihood of prejudice.”