Arizona Appellate Blog - Osborn Maledon

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.

Whitmer v. Hilton Casitas Homeowners Ass’n (7/10/2018)

July 23, 2018

Arizona Court of Appeals Division One holds that the superior court, and not the Office of Administrative Hearings, has jurisdiction to enforce an Administrative Law Judge’s order by contempt.

Ruffino v. Lokosky – 7/12/2018

July 23, 2018

The Arizona Court of Appeals Division One holds that a plaintiff must first attempt to provide notice of a suit via modern means of communication, such as by email, by telephone, or through social media, before seeking to serve process by publication under Rule 4.1(l) of the Arizona Rules of Civil Procedure.

Kopacz v. Banner Health – 7/5/2018

July 13, 2018

Arizona Court of Appeals Division One confirms that when a medical malpractice claim accrues for statute-of-limitations purposes does not depend on whether the “unsound mind” tolling exception in A.R.S. § 12-502 applies.

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Andrew G. Pappas

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Thomas L. Hudson
Joseph N. Roth
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