Volume 10, No. 7 | March 29, 2011

eye on ethics

Q: May a lawyer destroy closed files, such as in estate-planning matters, that lawyers historically have been told need to be retained indefinitely?

A : Yes, under certain circumstances. Read Op. 08-02.


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arizona attorney


Expert Discovery
Drafters of the Federal Rules of Civil Procedure regarding expert testimony sought clarity. But challenges remain.

Read More.



member news


Yuma Attorney Named to Prestigious Legal Group: Yuma attorney A. James Clark has been certified as a life member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. more�



In the news


Lawyer, Firm File Suit Over "False Review" - Texas: Bellaire lawyer Michael W. Weston and his firm, Weston & Associates, have filed a defamation suit alleging a "false review" about the firm was posted online on Citysearch.com. They seek more than $1.25 million in damages. more�


Reports - Supremes Seem Skeptical About Allowing Massive Wal-Mart Class Action to Proceed: Whether to allow the largest class action sex-discrimination case ever, against Wal-Mart Stores Inc., to go forward was argued before the U.S. Supreme Court today. more�


from the bar


Meet the 2011 Board of Governors Candidates: Twenty-one candidates are vying for 10 seats on the governing board.  For the first time, elections will be conducted online in Maricopa, Pinal and Yavapai counties.  Meet the candidates here.

Interested in Joining a State Bar Committee?: Applications for the State Bar's committees are now available online. To learn more about the work of each committee, visit the Committees page at myazbar.org. The application deadline is April 8, 2011. More than 25 committees are currently overseeing programs, addressing current issues, and making recommendations about legal services and the administration of justice.

Bar Leadership Institute Seeks 2011-12 Participants: The State Bar of Arizona invites attorneys across the state to participate in its 2011-2012 Bar Leadership Institute. The application process is currently open for the program that runs from September 2011 to May 2012. more�

CLE Event: Working With Returning Veterans: This Continuing Legal Education event will help attorneys working with these service members and veterans with better understanding military culture, how deployment and reintegration affect these individuals and how best to assist these clients. more�

Applications for Membership on Attorney Regulation Committee: Applications are now being accepted for membership on the Attorney Regulation Committee (�ARC�).  This Committee shall, as necessary, meet, conduct research, gather information, hear public comment, and make recommendations to the Supreme Court regarding the attorney examination, admissions, reinstatement, disability and discipline process.  more�

Registration Open for Arizona College of Trial Advocacy: The Trial College is open to a select group of 48 attorneys. For more information and an application, click here.

The Death Penalty: Is is Moral? Is it Antiquated?: Join the St. Thomas More Society as they launch their Civil Discourse Series on April 28, 2011 at Xavier College Preparatory. Click here for invitation.

Governor Jan Brewer Announces Appointment of Viola to Superior Court Judge in Maricopa County: Over the past 10 years, Ms. Viola has served as a Judge Pro Tempore for the Maricopa County Superior Court. In that capacity, she has presided over numerous settlement conferences and as a court appointed Guardian Ad Litem, assisting children in family-court cases. more�

Governor Brewer Announces Appointment of Brain to Superior Court Judge in Maricopa County: Commissioner Brain has served since 2006 as a Court Commissioner for the Maricopa County Superior Court, where he presides over juvenile cases. He received his undergraduate degree in Physics from Iowa State University in 1985, and graduated from the University of Michigan School of Law in 1988. more�




court decisions



Arizona Court of Appeals
Division One
| Division Two

March 10, 2011 � CV 10-0300/10-0301 � Southwest/Flynn v. AHCCCS
What are the lien rights of the Arizona Health Care Cost Containment System ("AHCCCS") when a plan recipient settles with a tortfeasor for an amount that is less than the full amount of damages she has incurred? Read Opinion.

February 25, 2011 � 2 CA-SA2010-0091 � Jacob T. Osterkamp v. State of Arizona
Does Rule 32.4(c), Ariz. R. Crim. P., give an indigent pleading defendant the right to appointed counsel in a second, timely filed post-conviction proceeding in which the defendant intends to investigate and possibly raise a claim that counsel who had represented the defendant in the first, of-right proceeding had been ineffective? Read Opinion.

9th Circuit Court of Appeals

March 24, 2011 � 08-56181 � Franzen v. US
In a dispute over which tax lien, federal or state, takes priority, judgment of district court is affirmed where federal lien takes priority of state lien, because federal claim was timely and does not depend on the vagaries of when the US files a claim in state court relative to a competing claimant. Read Opinion.

March 24, 2011 � 09-16181 � Cafasso United States v. General Dynamics C4 Systems NVW Inc.
In an appeal arising from the False Claims Act (FCA), order of district court dismissing qui tam complaint is affirmed where complaint by plaintiff failed to state a plausible claim for relief. Read Opinion.




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