In Duenas v. Life Care Centers of America, Inc., the Arizona Court of Appeals addressed the enforceability of arbitration agreements in litigation involving wrongful death claims and claims brought under the Adult Protective Services Act (“APSA”).
Archives for 2014
The Preclusive Effect of Damron Agreements on Subsequent Litigation
On a certified question from the Ninth Circuit Court of Appeals, the Arizona Supreme Court recently held that a default judgment entered pursuant to a Damron agreement does not preclude litigation of whether coverage exists under the policy. Quihuis v. State Farm Mutual Automobile Insurance Company, CV-14-0093-CQ, Oct. 1, 2014.
State v. Serna – Arizona Supreme Court Limits Officers’ Ability to Stop and Frisk
In August, the Arizona Supreme Court unanimously held that in order to frisk an individual, “officers must reasonably suspect both that criminal activity is afoot and that the suspect is armed and dangerous.”
The importance of beefing up your Personal Uninsured & Uninsured Motorist coverage
It is amazing how many of our personal injury clients make this statement during their initial consultation with our office after being involved in a motor vehicle accident. Then, after further investigation, it turns out that, in reality, “fully” means “minimally.”