APPELLATEHIGHLIGHTS
007
OCTOBER 7, 2013
Tucson Unified School District v. Borek
(AZ Court of Appeals)
Legislature’s use of the word “knew” unambiguously
shows its intent to require actual, rather than constructive, knowledge for application of the “propensity exception” to immunity under A.R.S. § 12-820.05(B).
MORE INFORMATION:
www.apltwo.ct.state.az.us/Decisions/SA20130099%20
Opinion.pdf
JSH RESOURCE ALERT!
Law Alerts
The JSH Law Alert is a periodic publication
that reviews recent court decisions. Our
May 2014 alert is available by clicking here:
http://www.jshfirm.com/publications/
pub_14_051514142751.pdf.
To receive a copy of our monthly Law
March 21, 2014
Alerts, send an email to marketing@jsh-
Timmons v. Ross Dress for Less, Inc.
firm.com. Archives of past Law Alerts are
(AZ Court of Appeals)
available at www.jshfirm.com/publications.
Easement holder owes a duty to an invitee who uses the
easement for the purpose for which the easement holder
has secured it.
MORE INFORMATION:
www.apltwo.ct.state.az.us/Decisions/CV20130053Opinion.pdf
February, 10, 2014
Monroe v. Basis School, Inc.
(AZ Court of Appeals)
who erroneously advised family their daughter died in an
auto accident.
MORE INFORMATION:
www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/
CV%2012-0826.pdf
A charter school owes no duty of care to students outside
its custody.
MORE INFORMATION:
www.apltwo.ct.state.az.us/Decisions/
CV20130047OPN.pdf
May 13, 2014
Estate of Ethridge v. Recovery
Management Systems
(AZ Court of Appeals)
May 13, 2014
Woodbridge Structured Funding v. Genex
(AZ Court of Appeals)
A direct interest, not a contingent interest, is required for
a party’s intervention in an assignment action.
MORE INFORMATION:
www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1%20CA-CV%2013-0043.pdf
May 6, 2014
Guerra v. State
(AZ Court of Appeals)
The State was entitled to summary judgment on a negligent training claim where Plaintiff failed to identify what
other training should have been provided to DPS officers
The plain language of Medicare’s Part C preemption provision shows that Congress expressly preempted all but
a very limited number of state laws; Arizona’s anti-subrogation doctrine is not one of those limited exceptions.
MORE INFORMATION:
www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/Amended%20
1%20CA-CV%2012-0740.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]