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Conklin v Medtronic, Inc. – 10/19/2017
November 21, 2017
Arizona Court of Appeals Division One holds that federal law concerning medical devices preempts some, but not all, state law claims.
Turtle Rock v. Fisher – 10/26/2017
November 21, 2017
Arizona Court of Appeals Division One holds that a homeowners’ association may not fine residents without first having promulgated a schedule of fines.
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.”
McDonald v. Napier (10/18/2017)
October 24, 2017
Arizona Court of Appeals Division Two holds that a police officer may be liable for negligence if the officer’s evaluation of whether to use force falls below the standard of care.
Baird & Co. v. Kutak Rock – 9/28/2017
October 24, 2017
Arizona Court of Appeals Division One holds that a plaintiff suing its counsel for malpractice does not automatically waive attorney-client privilege as to communications with counsel it retained to conduct the litigation that was caused by the malpractice because the defendants asserted an affirmative defense that would make those communications relevant.