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Legal Trends

Legal Trends

Archives for 2014

Arbitrability of Wrongful Death and Other Tort Claims Against Nursing Homes

November 20, 2014 by Cassidy Bacon

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”).

Filed Under: Legal Trends Tagged With: APSA, Arbitration, Wrongful Death

The Preclusive Effect of Damron Agreements on Subsequent Litigation

November 13, 2014 by Cassidy Bacon

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.

Filed Under: Legal Trends Tagged With: Personal Injury

State v. Serna – Arizona Supreme Court Limits Officers’ Ability to Stop and Frisk

September 29, 2014 by Cassidy Bacon

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.”

Filed Under: Legal Trends Tagged With: Law Enforcement

The importance of beefing up your Personal Uninsured & Uninsured Motorist coverage

September 17, 2014 by Michael Napier

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.”

Filed Under: Legal Trends Tagged With: Personal Uninsured, Uninsured Motorist

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