JSH Reporter Fall 2014 - Page 8

APPELLATEHIGHLIGHTS 008 APPELLATE HIGHLIGHTS AUTHOR: Jon Barnes EMAIL: jbarnes@jshfirm.com Following is a list of the recent Appellate Cases we believe are of interest to our diverse group of clients. If you would like any additional information on the cases below, please feel free to contact any of the lawyers in our Appellate Department. BIO: jshfirm.com/jonathanpbarnes featured case August 28, 2014 Felipe v. Theme Tech Corporation (Arizona Court of Appeals) Court defines “Independent Expert” for One-Expert-PerSide Rule to mean a retained expert who is not a fact witness. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2014/CV%2013-0393.pdf MAY 20, 2014 August 20, 2014 State of Arizona v. Gilstrap (AZ Supreme Court) Adopting the “possession” test in Arizona for searching the purse of a person not named in a premises search warrant. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2014/CR130379PR.pdf Beaver v. Am. Family Mut. Ins. Co. (AZ Court of Appeals) Arizona’s Uninsured/Underinsured Motorist Act, A.R.S. § 20-259.01, allows an insurance company to restrict who is covered as an insured under the policy and, thus, who is entitled to uninsured/underinsured motorist coverage. More Information: http://www.azcourts.gov/Portals/0/ OpinionFiles/Div1/2014/1%20CA-CV%2013-0407.pdf August 12, 2014 Arellano v. Primerica Life Insurance Co. July 23, 2014 (Arizona Court of Appeals) Gallardo v. Arizona Holding that the punitive damage award is unconstitutionally excessive in this bad faith case and finding that a 4:1, rather than a 13:1, compensatory to punitive damages ratio is appropriate. (Arizona Court of Appeals) MORE INFORMATION: http://www.azcourts.gov/ Portals/0/OpinionFiles/ Div1/2014/1CA-CV%20130011.pdf A statute applicable only to counties with populations greater than 3 million is a “special law” in violation of the Arizona Constitution. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2014/1%20CA-CV%2014-0272.pdf