JSH Reporter JSH Reporter - Fall 2017 - Page 5

APPELLATE HIGHLIGHTS 05 JSH APPELLATE TEAM EILEEN DENNIS GILBRIDE 602.263.4430 LORI VOEPEL 602.263.7312 JONATHAN BARNES 602.263.4437 JENNIFER ANDERSON 602.263.4419 JUSTIN ACKERMAN 602.263.4552 SEAN MOORE 602.263.1778 October 25, 2016 November 4, 2016 Franklin v. Clemett Armani v. Northwestern Mutual (Arizona Court of Appeals, Division 1) (Ninth Circuit Court of Appeals) Defendant in hockey crowd fight was allowed to use the statutory affirmative defense of intoxication, which is not unconstitutionally vague and does not conflict with the Arizona Constitution or comparative fault law. An employee who is unable to sit for more than four hours is not able to perform “sedentary” work for purposes of long-term disability benefits. November 3, 2016 Johnson v. Almida Land & Cattle (Arizona Court of Appeals, Division 1) As a matter of law and not foreseeability, a permit holder operating on federal land owes a duty of care to members of the public who are injured by the permit holder’s improvements on the land. December 20, 2016 Villasenor v. Evans (Arizona Court of Appeals, Division 1) The court affirmed summary judgment for city councilman due to Plaintiff’s failure to serve him with a notice of claim, confirming that the notice of claim statute applies to elected officials.