Arizona Supreme Court News

Amusement park doesn't find immunity from lawsuits in state's recreational use statute

By Payton Kuhn | May 28, 2019

PHOENIX – The Arizona Supreme Court recently unanimously reversed an appellate court’s decision regarding a negligence lawsuit against Encanto Adventures, the operator of Phoenix’s Picnic Island amusement park, saying Encanto is not immune from liability under the state’s recreational use statute.

Arizona Supreme Court upholds dismissal of suit against Medtronic, citing preemption under federal law

By Charmaine Little | Jan 9, 2019

PHOENIX (Legal Newsline) – The Supreme Court for the State of Arizona held on Dec. 18 that federal law does block a lawsuit arising from allegations concerning the state’s common law failure-to-warn claim after a medical device company allegedly didn’t inform the Food and Drug Administration about unfavorable conditions in a medical device.

Arizona Supreme Court says law of state where Workers' Comp was paid determines assignment rights

By Charmaine Little | Jan 9, 2019

PHOENIX (Legal Newsline) – Because a woman was awarded Workers’ Compensation benefits in a different state that doesn’t have automatic assignment provision, on Jan. 2, the Supreme Court for the State of Arizona reversed the decisions of two lower courts.

Ariz. SC: Using wastewater for fake snow at Snowbowl is not a 'public nuisance'

By Chandra Lye | Dec 13, 2018

PHOENIX (Legal Newsline) – Despite the dissent of two Justices, the Supreme Court of Arizona has upheld a lower court decision over a public nuisance claim filed by the Hopi Tribe against a resort’s use of wastewater for snow making.

Ariz. SC explains its decision on defeated renewable energy ballot measure

By Chandra Lye | Dec 11, 2018

PHOENIX (Legal Newsline) – Arizona’s Supreme Court has issued a written explanation of its decision in a case that called into question the validity of a petition regarding a rejected renewable energy ballot measure.

Petition circulators have to appear in court for subpoenas, Arizona Supreme Court rules

By Tomas Kassahun | Dec 4, 2018

PHOENIX (Legal Newsline) – The Supreme Court of the State of Arizona has affirmed a trial court’s decision, saying petition circulators for a disqualified amendment should appear in court when they are given a subpoena.

Arizona Supreme Court leaves Proposition 306 on Tuesday's ballot

By Karen Kidd | Nov 5, 2018

PHOENIX — Proposition 306, the "Clean Election Account Uses and Commission Rulemaking Measure," will remain on Tuesday's ballot in Arizona, following a decision handed down by that state Supreme Court.

BALLARD SPAHR: Former Assistant U.S. Attorney Roy Herrera Joins Ballard Spahr

By Press release submission | Sep 13, 2018

Roy Herrera, who served as an Assistant U.S. Attorney for the U.S. Department of Justice in Phoenix, has joined Ballard Spahr in the firm's Litigation Department, Phoenix Office Managing Partner John G. Kerkorian announced.

Med-mal claim against Tempe hospital to proceed after settlement with surgeon

By John Breslin | Jul 24, 2018

PHOENIX (Legal Newsline) – Three patients who claimed negligence by a doctor during surgery can continue their independent claim against the hospital where the procedure took place, the Arizona Supreme Court has ruled.

Arizona AG comments on state supreme court decision to deny in-state college tuition to DACA recipients

By Mark Iandolo | Jun 6, 2018

PHOENIX (Legal Newsline) — Arizona Attorney General Mark Brnovich recently announced that the Arizona Supreme Court unanimously held that Maricopa County Community College District cannot grant in-state tuition benefits to DACA recipients.

Arizona Supreme Court: Defendants in secondary asbestos exposure cases should not be held liable

By Kasey Schefflin-Emrich | May 13, 2018

The Arizona Supreme Court has ruled companies should not be held liable for damages allegedly related to secondary asbestos exposure.

Arizona Supreme Court 'troubled' by use of Restatement of Restitution in negligence case

By Elizabeth Alt | Mar 13, 2018

PHOENIX (Legal Newsline) – On Feb. 8, the Supreme Court of Arizona answered certified questions from the U.S. Court of Appeals for the Ninth Circuit to clarify questions in a dispute among a car rental company, an insurance company and individuals injured in an accident.

Arizona Supreme Court rejects constitutional challenge to hospital assessment

By Dee Thompson | Dec 1, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court has reversed and remanded a case involving an assessment of hospitals to provide funds to expand medical coverage for low-income citizens of Arizona.

Arizona Supreme Court affirms ruling in case regarding expert witnesses

By Russell Boniface | Nov 21, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court affirmed a trial court’s decision and denied a motion for a new trial in a case involving whether an expert witness can be excluded from hearing or reviewing the trial testimony of other witnesses.

Arizona's high court clarifies expert witness qualifications in malpractice case

By John Severance | Oct 31, 2017

PHOENIX (Legal Newsline) -- The Arizona Supreme Court has clarified questions about the qualifications of expert witnesses in deciding a medical malpractice case involving a patient who sustained bedsores after undergoing a surgery in 2011.

Though successful in arbitration, hospital can't bring suit against former CEO

By Dee Thompson | Aug 7, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court has ruled that a hospital may not litigate against its former CEO claims that were permissive counterclaims in a previous arbitration.

Ariz. Supreme Court affirms judge's right to reduce jury verdict

By David Hutton | Jul 20, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court has ruled that the constitutional right of jurors to determine a monetary award doesn’t preclude a judge from ruling their decisions as excessive.

Arizona Supreme Court reinstates wrongful death case against nursing home

By Zachary Lewis | Jul 7, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court has overturned a lower court order granting summary judgment to health care provider ManorCare over the death of a patient.

Arizona court rules that patient owes a duty of reasonable care to caregivers

By Elizabeth Alt | Jun 15, 2017

PHOENIX (Legal Newsline) – The Arizona Supreme Court has ruled that former caregiver Jeanette M. Sanders, can proceed with her lawsuit against a former client, a disabled elderly man named Francis Alger she claims caused serious injuries after he neglected her warnings and fell on her.

Arizona SC rules $1.4 million late fee is an ‘unenforceable penalty’

By Jessica Karmasek | May 12, 2017

A majority of the state Supreme Court, in its April 25 decision, concluded the fee couldn’t reasonably predict the bank’s loss and did not “reasonably approximate” the costs of handling and processing the late balloon payment.

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