Prohibits the state from suing members of the firearm industry
Prohibits the state from suing members of the firearm industry for lawful design, marketing, distribution, and sale of firearms and ammunition to the public. It also prohibits civil action against the manufacturer or seller of a firearm or ammunition for damages related to the criminal misuse of the firearm or ammunition.
Provides that within 45 days of filing an asbestos action,
Provides that within 45 days of filing an asbestos action, a plaintiff shall file a sworn statement specifying the facts that provide the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos action without prejudice as to any defendant whose product or premises is not identified in the required disclosures.
Adopted the Daubert standard for admitting expert witness testimony and
Adopted the Daubert standard for admitting expert witness testimony and expert evidence; Arizona Courts currently embrace the less stringent Frye standard. The Daubert standard requires the courts to consider four factors when examining the merits of expert testimony: (1) whether the expert’s technique or theory can be tested; (2) whether the theory has been subject to peer review and publication; (3) the known or potential rate of error of the technique or theory; and (4) whether the theory or technique has been generally accepted in the relevant field. This standard substantially decreases the probability of “junk science” being presented to juries, thus, affecting the outcome of a trial. It also serves as a filter that screens out ungrounded lawsuits from even reaching trial, which is especially important for manufacturers facing questionable product liability claims and health care providers facing questionable medical malpractice claims.
Lear v. Fields, 245 P.3d 911 (Ariz. App. 2011).
Codifies the common law regarding liability of a possessor of
Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that except in a few specific instances, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by a willful or wanton act.
Provides that in a civil action, if an applicant who
Provides that in a civil action, if an applicant who is granted a deferral or waiver is found to be a vexatious litigant, the court shall order the applicant to pay the deferred or waived fees and costs.
Provides for additional notice requirements in an asbestos personal injury
Provides for additional notice requirements in an asbestos personal injury claim, as well as certain transparency requirements for asbestos trust claims previously made by the plaintiff.
Stipulates that if a person is found guilty of intentionally
Stipulates that if a person is found guilty of intentionally causing the death of the decedent, he is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits.
Codifies the common law regarding liability of a possessor of
Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that except in a few specific instances, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by a willful or wanton act
Requires a 90 day written notice before action is filed;
Requires a 90 day written notice before action is filed; establishes affirmative defenses; addresses remedial measures and extends qualified immunity to public entities and employees
requires all cases filed in superior court to go to
requires all cases filed in superior court to go to arbitration, if the parties agree that the amount in question does not exceed $50,000, which is the jurisdictional limit. The bill also allows the parties to waive the arbitration requirement for good cause, if all parties file a written stipulation to do so.
provides confidentiality for product safety snalysis or review and reasonable
provides confidentiality for product safety snalysis or review and reasonable remedial measures so plaintiffs may not use such measures to prove negligence or to prove conduct subject to punitive damages.
In 1993, Arizona became one of the first states to
In 1993, Arizona became one of the first states to initiate a major jury reform initiative when the Arizona Supreme Court established its Committee on the More Effective Use of Juries. The Committee adopted 55 recommendations. Fifteen of these recommendations resulted in immediate changes to the Supreme Court Rules. The implemented reforms primarily aim to increase juror comprehension and involvement in trials. These reforms include encouraging mini-opening statements prior to voir dire, giving jurors copies of jury instructions, providing juror notebooks, allowing jurors to ask questions, and allowing jurors to discuss the evidence among themselves during civil trials. Arizona’s reform is viewed as a model by other states. Arizona did not succeed, however, in implementing universal service recommendations such as expanding juror source lists, using follow-up procedures for non-respondents to jury service, carefully monitoring deferral or excuses from service, and revising statutory provisions for jury pay.
H.B. 2220 exempted from civil liability purveyors of food when
H.B. 2220 exempted from civil liability purveyors of food when the claim is a result from the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities. Furthermore, H.B. 2220 provided that there is no duty to warn purchasers, users, or consumers, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause healthy problems if consumed excessively. Food product is defined as any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and nourishment.
Establishes reasonable liability rules for manufacturers, service providers and sellers
Establishes reasonable liability rules for manufacturers, service providers and sellers of products with respect to punitive damages when their product or service is in compliance with state or federal laws/regulations. Recognizes that the specific purpose of an award of punitive damages is to punish and deter unlawful conduct, and a defendant should not be punished in civil litigation when it is in compliance with applicable laws and regulatory requirements. Does not apply if it can be demonstrated that the defendant engaged in the following conduct: (1) the business withheld or misrepresented information utilized to gain regulatory approval; (2) the defendant mad an illegal payment to an official to obtain approval of the product or service; or, (3) the defendant sold a product or service after the government ordered the product or service to be removed from the marketplace.
limits physician and health care facility liability related to the
limits physician and health care facility liability related to the delivery of infants under certain emergency care situations if the patient was not previously treated for the pregnancy by the physician, a group practice of the physician, or the physician assistant and nurse midwife with whom the physician had an agreement. (Unless elements are proved by clear and convincing evidence, the licensed health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.)
Allows court to order periodic payments for future damages in
Smith v. Myers, 887 P.2d 541 (Ariz. 1994).
Required a purchaser to wait to file a lawsuit against
Required a purchaser to wait to file a lawsuit against a seller for a construction defect until after the seller has had an opportunity to correct the defect
prohibits suits brought by drunk drivers in accidents where they
Requires parties asserting claims against registered professionals to complete an
Requires parties asserting claims against registered professionals to complete an affidavit to be submitted with the claim stating how the acts or omissions caused or contributed to the alleged damages.
AA Mechanical v. Superior Court, 948 P.2d 492 (Ariz. App. 1997)
Notifications
