Arizona Appellate Blog - Osborn Maledon

Twin City Fire Ins. Co. v. Leija – 8/2/2018

August 29, 2018

Arizona Supreme Court holds that claimant under Arizona Workers’ Compensation Act is not entitled to post-settlement proceeding to determine employer fault to reduce insurance carrier lien on settlement proceeds, despite precedent stating that lien may not exceed employer’s proportionate share of damages where those damages are fixed by verdict.

Fisher v. USAA Cas. Ins. Co. – 8/7/2018

August 20, 2018

Arizona Court of Appeals Division One holds that a party who has reason to know of an arbitrator’s possible bias but fails to object during arbitration waives the objection.

Gallarzo v. Ariz. Dep’t of Econ. Sec. (7/31/2018)

August 20, 2018

Arizona Court of Appeals Division One holds that Department of Economic Security violated claimants’ due process rights by delaying transmission of applications for appeal to court.

Ibarra v. Indus. Comm’n of Ariz. – 7/31/2018

August 8, 2018

Arizona Court of Appeals Division One holds that for workers’ compensation claims, an assault between employees “arises out of” employment when the employees have no personal contact outside of work.

Mertola, LLC v. Santos – 7/27/2018

August 7, 2018

Arizona Supreme Court holds that, under a credit card contract with an option to accelerate the entire debt upon default, the statute of limitations runs from the date of the first uncured missed payment.

Kopp v. Physician Grp. of Ariz., Inc. – 7/9/2018

July 27, 2018

Arizona Supreme Court holds that a stipulated dismissal with prejudice of an agent-surgeon does not preclude a claim against the surgeon’s principal for independent negligence because the surgeon’s negligence was not actually litigated.

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Andrew G. Pappas

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Thomas L. Hudson
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