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Roberts v. State (3/2/2021)
March 10, 2021
Arizona Court of Appeals holds that the Fair Labor Standards Act does not preempt claims for overtime compensation under A.R.S. § 23-392.
France v. Indus. Comm’n of Ariz. – 3/2/2021
March 8, 2021
Arizona Supreme Court determines that deputy sheriff’s PTSD resulting from a violent encounter while conducting a welfare check is a compensable workers’ compensation claim.
Rogers v. Mroz (12/8/2020)
March 8, 2021
Arizona Court of Appeals Division One holds that a political attack ad that states a person “specializes in underage girls and advertises on website linked to sex trafficking” cannot be taken by a reasonable listener as an accusation of a precise and verifiable undisclosed fact that the person was complicit in sexual misconduct with underage girls and was complicit in sex trafficking, and cannot be the subject of a defamation action consistent with the First Amendment.
Cavallo v. Phoenix Health Plans (2/23/2021)
March 3, 2021
Arizona Court of Appeals Division One holds that (1) an insurer can raise a limited contract-based defense to show the elements of insurance bad faith are not met under the circumstances and (2) an erroneous instruction about mitigation damages will not automatically merit reversal when the jury does not reach damages because the defendant is not liable.
Arizona Supreme Court holds that under an insurance policy without a contractual duty to defend, the objective reasonableness of the insurer’s decision to withhold consent is assessed from the perspective of the insurer, not the insured.
Remote Appellate Oral Arguments (3/1/2021)
March 1, 2021
Arizona Attorney article by Eric M. Fraser and Krissa Lanham.