APPELLATEHIGHLIGHTS
009
July 22, 2014
JSH RESOURCE ALERT!
Law and Case Alerts
Wilks v. Manobianco
The JSH Law and Case Alerts are periodic publica-
(Arizona Court of Appeals)
Compliance with A.R.S. § 20-259.01(B), which requires
insurers to offer uninsured and underinsured motorist
coverage to their insureds, did not bar professional negligence claim against insurance agent for failure to procure
underinsured motorist insurance.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1%20CA-CV%2013-0216%20OP.docx
tions that provide reviews of recent court decisions.
In order to provide these Alerts to our clients in a
more timely manner, we have recently changed how
our Alerts are distributed. Rather than saving them
all for a singular monthly distribution, we are now
publishing Law and Case Alerts individually, within
48 hours of the case’s original publication date.
July 22, 2014
State ex rel. Darwin v. Arnett
(Arizona Court of Appeals)
Defendant cannot assert res judicata to bar a subsequent
claim when the defendant’s misrepresentation prevented
the claim from being asserted in the prior proceeding.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1%20CA-CV%2013-0420.pdf
These are sent to our clients via email, posted to
our website and distributed via social media. To be
added to our email distribution list, please send an
email to [email protected]. Archives of past
Law Alerts are available at www.jshfirm.com/publications and www.jshfirm.com/casesofnote.
June 10, 2014
July 15, 2014
Midtown Med. Grp., Inc. v. Farmers
Ins. Grp.
(Arizona Court of Appeals)
Hospital could enforce its perfected medical liens for
treatment of motor vehicle accident victims against
tortfeasors’ insurer, notwithstanding that insurer had
issued joint-payee settlement checks to victims, where
hospital had never been paid or otherwise compromised
or released its liens.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1CA-CV13-0276%20-%20OP.pdf
Sysco Arizona, Inc. v. Hoskins
(Arizona Court of Appeals)
Recording an unsigned minute entry does not create a
valid judgment lien under Arizona’s judgment lien statute.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1%20CA-CV13-0487.pdf
May 27, 2014
Mirchandani v. BMO Harris Bank, N.A.
(Arizona Court of Appeals)
The doctrine of compulsory counterclaims does not bar a
claim against a non-party to an earlier lawsuit.
June 12, 2014
M-11 Ltd. Partnership v. Gommard
(Arizona Court of Appeals)
Under rule governing relief from judgment due to a clerical error, the superior court has jurisdiction to determine
if a clerical error exists in the record, to correct any such
error, and then to determine if jurisdiction exists.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/CV%2013-0582.pdf
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/
OpinionFiles/Div1/2014/CV%20120675.pdf
ABOUT THE AUTHOR
JON BARNES
Jon Barnes clerked for Judge Orozco at the Arizona Court of Appeals before joining the firm. He currently focuses his practice on
state and federal appeals.
Email: [email protected]