Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage
Jun 29, 2011
The Arizona Supreme Court issued an opinion inCundiff v. State Farm Mutual Automobile Ins. Co.which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.
Pima County Deputy S...
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No Jurisdiction Over Across-the-Border Bar Overserving Patron Killing Arizona Pedestrian
Jun 29, 2011
Interesting and disappointing personal jurisdiction memo opinion from Division One,Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron ...
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Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe - Part Two
Jun 29, 2011
In my favorite part of the opinion, the Court of Appeals explained that the analysis of the case wasnotlimited to the traditional independent contractor rule and exceptions in the Restatement (Second) ...
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Arizona's Supreme Court Delivers a Serious Blow to Products Liability
Jun 29, 2011
Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious...
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Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe - Part One
Jun 29, 2011
"Attention Safeway shoppers, business owners now owe nondelegable duties to their invitees to keep their premises reasonably safe."
Steven H. Simon sued Safeway after he was injured during a store alt...
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Legal Malpractice Statutes of Limitation - Tort and Contract
Jun 29, 2011
Interesting legal malpractice case from Division Two,Keonjian v. Olcott, dealing with the issue of when the statute of limitations begins to run and whether the tort or contract limitation period appli...
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$800,000 Wrongful Death Settlement for Motorcycle Collision in Arizona
Jun 29, 2011
Levenbaum Cohen ("LC") is pleased to report that the firm recently settled a motorcycle wrongful death case for $800,000.00. LC, which also does business as The Law Tigers -- a group of attorneys conc...
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Failure to Plead Sufficient Facts - The New Legal Malpractice?
Jun 29, 2011
There's a new case out this week from Division Two,Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating f...
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Experts Not Allowed to Testify to the Percentage of Fault
Jun 29, 2011
Division One handed downWebb v. Omni Block, Inc., a clearly written opinion which decisively eliminates an expert's ability to testify as to the "percentage of fault" for any party or non-party.
InWeb...
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Court Permits Hospitals to Charge "Maximum Rates" to Those Who Can Least Afford It
Jun 29, 2011
Division One just handed downBanner Health v. Medical Savings Ins. Co., a terrible opinion which deals with whether a hospital can charge a patient and its "non-network insurer" full billed amounts his...
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