Author name: JurisAlert

Client Alerts, Blog Posts, Presentations

Ruling Reinforces Importance of Expert Testimony in Medical Malpractice Cases

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 Div. One, Decisions

City of Chandler v. Roosevelt Water Conservation District

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 Div. One, Decisions

Vonda Douros v. Brittany Morse

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

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Arizona Supreme Court, Decisions

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

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

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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 Read Post »

Arizona Supreme Court, Decisions

State of Arizona v. Preston Alton Strong

Arizona Supreme Court: State of Arizona v. Preston Alton Strong Case No. CR-17-0201-AP  Filed September 3, 2024 ISSUES: NOTE: This is an automatic appeal because it is a capital case. Preindictment delay Change of venue due to pretrial publicity Admissibility of evidence Juror misconduct Constitutionality of death penalty DECISIOIN: The court found no unreasonable preindictment

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Arizona Supreme Court, Decisions

David Francisco, et al. v. Affiliated Urologists Ltd, et al.

Arizona Supreme Court: Francisco, et al. v. Affiliated Urologists Ltd, et al. Case No. CV-23-0152-PR  Filed Date: August 16, 2024 ISSUES: Whether FDA black box warnings can establish the standard of care in medical malpractice cases without expert testimony. Whether the Franciscos’ claim is a medical malpractice claim subject to expert testimony requirements under A.R.S.

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Arizona Supreme Court, Decisions

State of Arizona v. Christopher Michael Montoya

Arizona Supreme Court: State of Arizona v. Christopher Michael Montoya Case No. CR-22-0106-AP  Filed August 15, 2024 ISSUES:  NOTE: This is an automatic appeal because it is a capital case. Whether the prosecutor committed errors that denied Montoya due process, a fair trial, and freedom from arbitrary punishment. Whether the prosecutor improperly argued an unproven

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Arizona Supreme Court, Decisions

Lisa Gilpin v. Hon. Danielle Harris/Marcos Jerell Martinez

Arizona Supreme Court: Lisa Gilpin v. Hon. Danielle Harris/Marcos Jerell Martinez Case No. CR-23-0252-PR  Filed August 7, 2024 ISSUES: Whether a defendant found Guilty Except Insane (GEI) is considered “convicted” under Arizona’s Victims’ Bill of Rights (VBR) for the purpose of restitution. The interpretation of Arizona’s GEI statute (A.R.S. § 13-502) and related statutes in

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Arizona Supreme Court, Decisions

State of Arizona v. Bennet Laquan Williams

Arizona Supreme Court: State of Arizona v. Bennet Laquan Williams Case No. CR-23-0068-PR, Filed August 6, 2024 ISSUES: 1. Whether a plea agreement becomes void when a prior conviction used as a sentence enhancement is expunged due to a change in law. 2. Whether the State can unilaterally allege a different prior conviction to enhance

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Arizona Supreme Court, Decisions

Gilmore, et al. v. Gallego, et al.

Arizona Supreme Court: Gilmore, et al. v. Gallego, et al. Case No. CV-23-0130-PR  Filed July 31, 2024 ISSUES: Whether “release time” provisions in a union memorandum of understanding (MOU) violate employees’ free-speech, free-association, and right-to-work rights. Whether the release time provisions violate the Gift Clause of the Arizona Constitution. DECISION: The release time provisions do

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