APPELLATEHIGHLIGHTS
007
featured case
May 19, 2016
*Handled by JSH Appellate Counsel*
Soto v. Sacco
(Arizona Court of Appeals, Division One)
Order granting remittitur must be signed to constitute a “final order,” despite the conditional
language of Rule 59(i), because the conditional nature of a remittitur order does not alter the
fact that it operates to either grant or deny a new trial.
MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/CV%2015-0092.pdf
February 5, 2016
January 19, 2016
American Power Products Inc. et al v.
CSK Auto Inc.
Murray v. Farmers Insurance Company
(Arizona Supreme Court)
Allows emotional distress damages for professional
negligence claims for the first time in AZ, and grants
standing to beneficiaries of insurance contracts to sue
directly.
When juror asked how long deliberations usually lasted,
bailiff’s response that “an hour or two should be plenty”
was improper, but did not require evidentiary hearing
before denial of plaintiff’s motion for a new trial.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Supreme/2016/CV140261PR.pdf
(Arizona Court of Appeals, Division Two)
MORE INFORMATION:
https://www.appeals2.az.gov/Decisions/
CV20140123OPN.pdf
December 3, 2015
February 2, 2016
Alcombrack v. Ciccarelli
Carter v. The Pain Center of Arizona
(Arizona Court of Appeals)
(Arizona Court of Appeals)
A couple that defaulted on a house owed no duty to a
locksmith who was shot and seriously injured by the
couple’s tenant.
Overturns defense verdict in medical malpractice
conditional consent case.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2016/1%20CA-CV%2014-0672.pdf
January 21, 2016
Watts v. Medicis Pharmaceutical Corp.
(AZ Supreme Court)
Arizona’s high court decides products liability case
of first impression and adopts learned intermediary
doctrine.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Supreme/2016/CV150065PR.pdf
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2015/CV%2013-0148.pdf
August 27, 2015
Fidelity Nat. Title Ins. Co. v. Centerpoint
Mechanic Lien Claims, LLC
(Arizona Court of Appeals)
Purported “Morris agreement” between insureds, as
owners of a deed of trust, and insureds’ wholly owned
entity that had purchased lien claims from claimants
was outside the permitted parameters of Morris and was
therefore unenforceable against title insurers.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2015/1%20CA-CV%2012-0721%20and%201%20CACV12-0726.pdf