Purdy v. Metcalf (9/24/2021)

November 24, 2021
Arizona Court of Appeals Division Two holds that, in a vehicular wrongful death or injury case, the fact that the defendant was using a cell phone while driving at the time of the accident may support a claim for punitive damages if, along with evidence of cell phone use, there is other evidence the driver was consciously pursuing a course of conduct knowing that it creates a substantial risk of significant harm to others.

ACLU v. Ariz. Dep. of Child Safety (8/25/2021)

October 15, 2021
Arizona Supreme Court holds that a party may recover attorneys’ fees in a records request suit under A.R.S. § 39-121.02 when it has “substantially prevailed” by being more successful than not in obtaining records or other relief that was contested by the opposing party before litigation.

Takieh v. O’Meara (8/10/2021)

October 15, 2021
Arizona Court of Appeals Division One holds that calling a doctor an “idiot” for missing an “obvious” diagnosis does not support a defamation claim, and that Arizona’s statute protecting the confidentiality of hospital peer-review proceedings does not require production of a privilege log.