APPELLATEHIGHLIGHTS
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APPELLATE
HIGHLIGHTS
AUTHOR: Jon Barnes
EMAIL: [email protected]
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