Author Archives: Stephen Biggs

Coburn v. Rhodig (Arizona Court of Appeals Case No. 1 CA-CV 16-0399 FC, filed Aug. 3, 2017)

When a divorce decree says its spousal maintenance terms shall not be modified, Arizona law prohibits a court from exercising jurisdiction to modify or terminate the decree’s spousal maintenance terms. See A.R.S. § 25-317(G). In this case, the Arizona Court of Appeals held A.R.S. § 25-317(G)’s jurisdictional bar does not prevent a party to a divorce decree […]

Arizona Chamber of Commerce & Industry, et al. v. Kiley (State, et al) (Arizona Supreme Court Case No. CV-16-0314-SA, filed August 2, 2017)

The Arizona Supreme Court, in a unanimous opinion, denied a state constitutional challenge to Proposition 206, “The Fair Wages and Healthy Families Act”–an initiative approved by Arizona voters in the November 2016 election, which increased the minimum wage and established mandatory earned paid sick leave. The business groups and organizations challenging the law argued it violated […]

Soto v. Sacco (Arizona Supreme Court Case No. CV-16-0136-PR, filed July 13, 2017)

This case involves the intersection between a jury’s province in a civil case to determine the amount of damages (if any) to award a plaintiff and the trial judge’s authority under Arizona Rule of Civil Procedure 59 to reduce or increase the jury’s damage award under certain circumstances. The Arizona Supreme Court cautioned trial judges to be […]

Hamblen v. Hon. Hatch / Winslow Memorial Hospital, Inc. (Arizona Supreme Court Case No. CV-16-0260-PR, filed July 21, 2017)

This is a case that only arbitration junkies can fully appreciate. It arises out of an employment dispute in which an employer and employee submitted their respective claims against each other to mandatory arbitration under the broad arbitration provision in their employment contract. Neither side specifically challenged the validity or enforceability of that arbitration provision. The arbitrator ruled […]

Simpson v. Hon. Phemonia Miller (Arizona Supreme Court Case No. CR-16-0227-PR, filed Feb. 9, 2017)

In a unanimous opinion, the Arizona Supreme Court struck down the portion of article 2, section 22(A) of the Arizona Constitution and a corresponding statute, A.R.S. § 13-3961(A)(3), that categorically prohibit bail for all persons accused of sexual conduct with a minor under the age of fifteen “when the proof is evident or the presumption great” that the accused committed […]

Equity Income Partners, LP, et al. v. Galileo Capital Partners Limited (Arizona Supreme Court Case No. CV-16-0162-CQ, filed Feb. 7, 2017)

The Ninth Circuit certified three questions to the Arizona Supreme Court to help the Ninth Circuit decide what impact, if any, a lender’s full-credit bid made at an Arizona trustee’s sale has on an insurer’s liability under a standard form (ALTA) title insurance policy. The Arizona Supreme Court answered those three questions as follows: Q: […]

State v. Nissley (Arizona Supreme Court Case No. CR-15-0393-PR, filed Feb. 1, 2017)

Under Arizona law, medical personnel are required to provide to a law enforcement officer (upon request) a portion of any blood sample taken from a patient when the officer has probable cause to believe the patient was driving under the influence of alcohol or other drugs. See A.R.S. § 28-1388(E). This law is an exception to […]

Spring v. Bradford (Arizona Court of Appeals Case No. 1 CA-CV 15-0505, filed Jan. 12, 2017)

Can a trial court exclude an expert witness from hearing or otherwise reviewing the trial testimony of other witnesses? That is the issue the Arizona Court of Appeals addressed in this medical malpractice case. The court held the “rule of exclusion of witnesses” contained in Rule 615 of the Arizona Rules of Evidence, which generally requires […]

Hayward v. Arizona Central Credit Union (Arizona Court of Appeals Case No. 1 CA-CV 15-0450, filed Jan. 10, 2017)

What do you do when you successfully sue the dealership that sold you a car, but the dealership goes out of business without paying the full amount of the judgment you obtained against it? In this case, you sue the credit union that bought the installment sales contract that was the basis for your successful […]

Romero v. Hasan (Arizona Court of Appeals Case No. 1 CA-CV 15-0508, filed Jan. 5, 2017)

In this appeal from the dismissal of a medical malpractice case, the Arizona Court of Appeals addressed the issue of whether a patient filing a medical malpractice claim can circumvent A.R.S. § 12-2603’s requirement regarding a preliminary expert opinion affidavit by requesting an evidentiary hearing at which the patient’s treating physicians could testify regarding the information required […]