JSH Reporter Fall 2014 - Page 9

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 marketing@jshfirm.com. 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: jbarnes@jshfirm.com