Arizona Courts Have General Personal Jurisdiction over Foreign Insurers
Jun 29, 2011
Decision from Division One,Bohreer v. Erie Ins. Exch..Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an ag...
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Three Trial Courts Hold Medical Malpractice Statute Unconstitutional
Jun 29, 2011
In last few years, many states adopted protectionist legislation in favor of the medical industry. The legislation essentially puts up various barriers to bringing medical malpractice cases by, among o...
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Court Blasts Sheriff's Office for "Arbitrary and Capricious" Action Against a Local Newspaper
Jun 29, 2011
Another opinion from Division One,West Valley View v. Maricopa County Sheriff's Office, blasts the Marcopa County Sheriff's Office. In short, Sherriff Joe decided he did not like the coverage by the We...
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Bell Atlantic v. Twombly: The Day "Notice Pleading" Died (Sort Of)
Jun 29, 2011
On May 21, 2007, the U.S. Supreme Court handed downBell Atlantic v. Twombly, 550 U.S. ___ (2007), announcing the "retirement" of the long-standing standard for dismissal of complaints articulated inCon...
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Court of Appeals (Incorrectly) Dismisses Wrongful Death Appeal - Part Two
Jun 29, 2011
As you might imagine, Mr. Burkhamer argued that his Objection to the judgment should "be treated as a Rule 59(l) motion" because "[t]hesubstanceof [his] objection was a request that the [trial] court a...
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Court of Appeals (Incorrectly) Dismisses Wrongful Death Appeal - Part One
Jun 29, 2011
Frank Zappa said, "We are a nation of laws; badly written and randomly enforced." That's probably the way that Joe Burkhamer feels, having lost his daughter (and son-in-law) in tragic accident in 2003,...
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Directors Not Liable for Misrepresentations of Agents Absent "Knowledge" of Misrepresentations - II
Jun 29, 2011
Anyway, such thinking on the Court's part explains the reason why they held, yet again, that the standard was not met. The Court explained:
[Plaintiff's] primary argument that [Defendants] had gen...
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Directors Not Liable for Misrepresentations of Agents Absent "Knowledge" of Misrepresentations - I
Jun 29, 2011
The case,Dawson v. Withycombe, marks another important milestone in the development of Arizona's corporate law. It follows in the footsteps ofWells Fargo Bank v. Arizona Laborers, Teamsters and Cement ...
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Paternity Statutes Do Not Apply to Wrongful Death Actions Involving Unborn Children
Jun 29, 2011
These are complicated times. It seems that, in addition to proving wrongful death, when the decedent is an unborn child, you had better be able to prove paternity as well.
In the case,Aranda v. Carden...
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Judicial Officers are Subject to the "De Facto Officer" Doctrine
Jun 29, 2011
Division One recently handed downGarner v. Schindler, a short and sweet opinion on the nature of judgespro tempore(I am a judgepro tempore, by the way). In sum, the appellant had a probate dispute liti...
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