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Zumar Industries, Inc. v. Caymus Corporation – 11/16/2017
November 28, 2017
Arizona Court of Appeals Division One holds that the Arizona Prompt Pay Act does not apply to subcontracts for a federal project.
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.