APPELLATE HIGHLIGHTS
04
APPELLATE
HIGHLIGHTS
AUTHOR : Jonathan Barnes EMAIL : jbarnes @ jshfirm . com BIO : jshfirm . com / JonathanPBarnes
We hope you find the following appellate case highlights valuable . For additional information on the cases summarized below , please visit the publications section on our website or contact any of the lawyers in our Appellate Department .
June 20 , 2016
Utah v . Strieff
( U . S . Supreme Court )
Officer ’ s discovery of a valid , pre-existing , and untainted arrest warrant attenuated the connection between the unconstitutional investigatory stop and the drug-related evidence seized during search incident to arrest .
June 21 , 2016
Special Fund Division v . Industrial Commission of Arizona
( Arizona Court of Appeals , Division 1 )
Outpatient treatment that worker ’ s compensation claimant received for preexisting psychiatric disabilities constituted treatment “ in ” a recognized medical or mental institution under Arizona ’ s apportionment statute .
July 18 , 2016
Cramer v . Starr
( Arizona Supreme Court )
In a move away from the “ original tortfeasor rule ,” the court held that the driver ’ s liability for a rear-end collision was several only , so jury was required to apportion fault between driver and non-party physician who negligently performed post-accident surgery .
July 18 , 2016
Klesla et al . v . Wittenberg
( Arizona Court of Appeals , Division 1 )
Plaintiffs seeking a judgment on an arbitrator ’ s award were not entitled to a judgment for attorney fees because the arbitrator failed to make a timely award for fees before losing jurisdiction .
August 30 , 2016
Premier Physicians v . Navarro
( Arizona Supreme Court )
A . R . S . § 33-932 ( A ) requires non-hospital health care providers to record their liens within thirty days after first providing services .
August 23 , 2016
Santorii v . MaritnezRusso
( Arizona Court of Appeals , Division 1 )
Arizona ’ s real estate statutes do not establish an employer-employee relationship between real estate brokers and agents , nor do they create a nondelegable duty by the broker to supervise an agent ’ s driving .
Handled by JSH Appellate Counsel
September 20 , 2016
Quiroz v . Alcoa
( Arizona Court of Appeals , Division 1 )
Employer owed no duty of care to the child of an employee who contracted mesothelioma from asbestos brought home on the employee ’ s work clothes .
September 29 , 2016
Sobieski v . American Standard Insurance
( Arizona Court of Appeals , Division 1 )
Although insurer ’ s inaction and goal of profitability did not warrant punitive damages , evidence that adjuster interviewed only one of five known accident witnesses and failed to look at police report before denying coverage supported bad faith verdict .