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Apr
20
We hope you find this article by Cassidy Bacon informative. Kisela v. Hughes – Expanding Entitlement to Qualified Immunity in Use of Force Cases On April 2, 2018, in Kisela v. Hughes, 584 U.S. ___, the United States Supreme Court overturned a Ninth Circuit Court of Appeals decision in favor of a woman who had been shot and wounded by a law enforcement officer in Tucson, Arizona. In doing so, the Court held that the officer was entitled to qualified immunity because the incident was far fr…
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Mar
01
Public employees are often faced with the issue of whether their speech is protected from adverse employment action. Speech is guaranteed freedom, and thus protection, under both the First Amendment of the U.S. Constitution and Article II Section 6 of the Arizona Constitution. In certain cases, public speech is not necessarily protected. This is a brief summarization of the legal landscape of protected speech in the general context of public employment. Here we will expound on two U.S. Supreme C…
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Nov
17
Lately, it seems like the news is filled with a continuing barrage of sexual harassment accusations, referred to as the “Weinstein Effect.” The names of high-profile figures in entertainment and politics are constantly pinging our social media notifications and news feeds. The accusations range from inappropriate comments to criminal sexual assault. In the wake of these accusations, we are seeing these high-profiled accused being fired or stepping down from their positions of power, but many are…
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Oct
26
Bad News: Being involved in an accident. Worse News: Being involved in an accident and getting hurt. Worst News: Being involved in an accident, getting hurt and then failing to recover anything because the other driver and/or you have little or no insurance. Sadly, a large number of motorists in the State of Arizona drive on the streets and highways with little or minimal insurance coverage. Arizona law only requires a person to carry auto insurance that has liability limits of $15,00…
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Aug
21
The Law Enforcement Officer Safety Act (LEOSA) was enacted in 2004 which allows two classes of persons to carry concealed firearms in any jurisdiction in the United States or United States Territories, regardless of any state or local laws that contain exceptions.
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Jan
07
In Spirlong v. Browne, the Arizona Court of Appeals held that a person must exercise "care, custody, or control" over a dog in order to be considered a statutory "owner" for purposes of imposing strict liability for injuries caused by the dog.
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Nov
20
In Duenas v. Life Care Centers of America, Inc., the Arizona Court of Appeals held that a decedent’s agreement to arbitrate cannot limit the heirs’ right to litigate their own personal claims and that when parties enter into a series of transactions, each with its own arbitration agreement, the court may determine whether a dispute arising from a specific transaction is subject to arbitration.
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Nov
13
In October 2014, the Arizona Supreme Court held that a Damron agreement "does not preclude litigation of whether coverage exists under the policy" but that "an insurer in a coverage action may not, in the guise of a coverage defense, litigate what are essentially and solely liability issues resolved by the default judgment."
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Sep
29
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.”
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Tags : Police

Sep
17
"I’m fully insured." 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." Many drivers on Arizona streets have no insurance at all. In fact, current statistics demonstrate that the number of auto policy cancellations is increasing, likely due to the slow economy – people are bein…
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