Arizona Supreme Court: Case No. CV-24-0114-PR Filed February 7, 2025 In re Termination of Parental Rights as to M.N. Key Legal Issues: Whether a potential father served with notice under A.R.S. § 8-106(G) is required to file a notice of claim of paternity with the putative fathers registry under A.R.S. § 8-106.01. The distinction between […]
Arizona Supreme Court: State of Arizona, et al. v. Foothills Reserve Master Owners Association, Inc., et al., Case No. CV-23-0292-PR, Filed January 28, 2025 Key Legal Issues: Whether severance damages are available to landowners when their appurtenant easements are condemned in the context of eminent domain but their physical real property is not taken. Whether
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Arizona Court of Appeals, Div II Case No. 2 CA-CV 2023-0205 Filed January 22, 2025 Westerman v. Ernst and Schneider Key Legal Issues: Whether Rachelle Westerman’s status changed from invitee to trespasser when she stepped off the concrete walkway onto the gravel area. Whether the change in elevation between the walkway and gravel area was
Arizona Court of Appeals Div. 1: Case No. 1 CA-CV 24-0165 FC Filed January 9, 2025 Vanwormer v. Lopez Key Legal Issues: Whether the superior court erred in continuing an order of protection by abusing its discretion. Whether Mother’s failure to protect the child from abuse constitutes grounds for an order of protection. Resulting Opinion
Arizona Supreme Court: Case No. CR-94-0454-AP Filed January 6, 2025 State v. Spreitz Key Legal Issues: Whether the Arizona Supreme Court applied an unconstitutional “causal nexus” test in its previous review of Spreitz’s death sentence. Whether Spreitz’s longstanding substance abuse and other mitigating factors were properly considered without requiring a causal connection to the crime.
Arizona Supreme Court: Case No. CR-23-0236-PR Filed December 17, 2024 State of Arizona v. Ian Mitcham Key Legal Issues: Whether sequencing a DNA profile from a blood sample obtained during a DUI arrest constitutes a search under the Fourth Amendment. Whether the scope of consent for a blood draw for DUI testing extends to creating
Client Alert/Blog Post Arizona Supreme Court Ruling Reinforces Importance of Expert Testimony in Medical Malpractice Cases In a recent decision, the Arizona Supreme Court has reaffirmed the critical role of expert testimony in medical malpractice cases, particularly those involving prescription medications with FDA black box warnings. This ruling has significant implications for physician prescribers across
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Arizona Court of Appeals Division One: No. 1 CA-CV 23-0744 Filed October 31, 2024 City of Chandler v. Roosevelt Water Conservation District ISSUES: Whether the one-year statute of limitations in A.R.S. § 12-821 applies to actions by one public entity against another public entity, and, if so, whether the City of Chandler filed its action
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Arizona Court of Appeals DIV1: No. 1 CA-CV 23-0805-FC Filed October 31, 202 Vonda Douros v. Brittany Morse ISSUES: Application of Arizona’s third-party visitation statute (A.R.S. § 25-409) in light of parent’s objection; superior court authority under A.R.S. § 25-409 to order the mother to take the child to counseling; Constitutionality of the superior court’s
AZ Supreme Court: No. CV-23-0284-PR Filed October 17, 2024 City of Mesa; Gustavo Williams v. The Honorable Timothy Ryan, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa; Philip Rogers ISSUES: 1. Whether Philip Rogers complied with A.R.S. §12-821.01(A) by serving notices of claim on the City of Mesa