Civil Lawsuits

GOLF SPECTATOR’S LAWSUIT REINSTATED

James Creel filed a lawsuit against Bret Veesart for injuries sustained when Veesart’s tee shot struck Creel. Creel was standing on the side of the green at the 320 yard first hole at Cheyenne Airport Golf Club as a golf … Continue reading

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NEW LAW SEEKS TO BAN EMPLOYERS FROM OBTAINING SOCIAL NETWORKING PASSWORDS

Today many job applicants are faced with requests by an interviewer to disclose their social networking password. With the rise of social networking, it has become more and more common for prospective employers to research publicly available Facebook profiles, Twitter … Continue reading

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SUING A TAVERN/BAR OWNER

A Plaintiff may bring a lawsuit against a tavern owner under A.R.S. §4-311 or under a negligence theory. However, under A.R.S. §4-311 the Plaintiff must show that the patron was obviously intoxicated before the tavern owner or holder of the … Continue reading

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UNBORN CHILD MAY RECOVER IN WRONGFUL DEATH CASE

Will courts recognize “personhood” for fetuses that are 18 weeks old, also known as “pre-viable” fetuses? In the event a fetus’ parent dies, the question becomes whether or not the fetus is entitled to recover under the Arizona wrongful death … Continue reading

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ILLINOIS EMPLOYERS NO LONGER CAN GET FACEBOOK LOG-INS

Illinois Governor Pat Quinn recently signed a law making it illegal for employers to ask job applicants for passwords to their social networking sites. In an attempt to thoroughly screen job applicants some companies and government agencies have begun asking … Continue reading

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Employer Not Liable For Employee Crash While Traveling Out Of State

The Arizona Supreme Court ruled this week that an employer is not liable for injuries sustained by a third party involved an automobile crash with the company employee during a work trip. The Supreme Court held that employers are not … Continue reading

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NO EVIDENCE THAT CAPPING DAMAGE AWARDS HAS REDUCED HEALTHCARE COSTS

A new study conducted in part by the University of Texas law professor, Charles Silver, found no evidence that healthcare costs in Texas declined after a 2003 constitutional amendment capping medical malpractice damage awards. The study examined Medicare spending in … Continue reading

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CAN A TEXT SENDER BE LIABLE IN A CRASH?

A woman who repeatedly text her boyfriend as he drove could be held liable in a personal injury lawsuit pending in New Jersey. David and Linda Kubert of Dover, New Jersey sustained serious injuries when Kyle Best hit their motorcycle … Continue reading

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PURCHASER OF CLASSIC CAR AT AUCTION HAS CASE DISMISSED

In the recent case of Castle v. Barrett-Jackson Auction Company, 634 Ariz. Adv. Rep. 24 (App. Div. 1, May 10, 2012) Arizona Court of Appeals found that where a Defendant clearly disclaimed in writing that it was making any representations … Continue reading

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INATTENTION/FATIGUE AND COMMERICIAL TRUCKING CASES

Over the past quarter century exhausted driving has been and continues to be the number one safety concern in the commercial motor vehicle transportation industry. The problem continues to escalate as the transportation industry puts profits over safety. Crashes involving … Continue reading

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