Volume 11, No. 13 | June 19, 2012


eye on ethics

Q: The media wants to speak with me about my ongoing case. May I do so, if I have client consent?

A: Yes. ER 3.6(b) contains an express list of what you are allowed to tell the media. Anything beyond that list must meet a more difficult reasonableness standard relating to the rebuttal of undue prejudicial publicity.



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The Open-Mind Myth
You may have argued cases to juries, but do you really understand how they decide cases? An expert takes you into the juror mind. 

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member news

Vice Chief Justice Hurwitz's Nomination to the Ninth Circuit Confirmed by the United States Senate: The United States Senate has voted to confirm the nomination of Arizona Supreme Court Justice Andrew D. Hurwitz as a United States Circuit Judge for the Ninth Circuit Court of Appeals. Vice Chief Justice Hurwitz will fill a vacancy that occurred on January 1, 2012, when Judge Mary M. Schroeder of Phoenix took semi-retired senior status. more�

Distinguished Lawyers to be Recognized at 2012 State Bar Convention: The State Bar of Arizona will recognize 16 lawyers and one organization for their contributions to the legal profession at the Annual State Bar Luncheon on Friday, June 22 at the Bar's 79th Annual Convention. more�


In the news

Sandusky Defense - Police Gave Details to Accusers: Defense attorneys in Jerry Sandusky's child sex-abuse trial suggested in their questioning Tuesday that investigators shared details among accusers that led to evolving accounts of abuse. more�

Federal Charges Dropped Against John Edwards: A relieved John Edwards said after his mistrial on campaign corruption charges that he believed good things were still in store for him, though image makers and his friends agree that does not include politics. more�


from the bar

State Bar Convention Celebrates 100 Years of Service by Arizona Attorneys: The State Bar of Arizona will host the 2012 Annual Convention at the Arizona Biltmore Resort & Spa in Phoenix, June 20-22. More than 1,600 attorneys from across the state will convene and participate in the 79th annual convention. more�

Volunteers Sought for Two Arizona Supreme Court Committees: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Supreme Court Committee on Character and Fitness and the Arizona Supreme Court Committee on Examinations. For more information contact Nina Benham.

Iraq Chief Justice to Present FREE CLE Session at State Bar Convention: Nearly a decade after the U.S. led invasion that brought about regime change, Iraq’s Chief Justice discusses the state of the country’s judiciary. The Honorable Medhat al-Mahmoud, Chief Justice of Iraq and President of the Iraqi Higher Judicial Council, along with Tom Monaghan, Nebraska judge who led legal reform projects in Kosovo, will lead this FREE convention CLE. more�

Conference Exhibitors Offer Solutions: Looking for solutions to make your law practice more efficient?  Click here to view the companies exhibiting at this year’s convention, as well as access direct links to their websites where you will learn about the specialized products and services they offer to the legal industry.

Rachel Alexander Appeal Dismissed: Presiding Disciplinary Judge William O'Neil has dismissed the appeal of Rachel Alexander in her Attorney Discipline Matter. To view the order and corresponding filings, visit the Arizona Supreme Court's High Profile Case Update page. 

Tucson Attorney Suspended for Failing to Comply with Duties to the Court or Judicial Process: Attorney Creighton W. Cornell of Tucson was suspended from the practice of law for two years after violating several Rules of Professional Conduct and a separate Rule of the Supreme Court. The sanction was imposed by a three-member hearing panel led by the Presiding Disciplinary Judge of the Supreme Court of Arizona. more�

court decisions

Arizona Court of Appeals
Division One
Division Two

June 12, 2012 - CV 11-0062 - Powers v. Guaranty
Does a retailer’s “passing along” of an email from a manufacturer to a consumer regarding the reliability of a product constitute “an act” for purposes of the Consumer Fraud Statute? Read Opinion.

June 4, 2012 - 2 CA-CR 2011-0164 - State of Arizona v. Curtis T. Bunton 
Does A.R.S. � 13-4505 require a trial court to permit the state's expert to conduct an additional examination of a defendant in a competency proceeding? Read Opinion.

9th Circuit Court of Appeals

June 18, 2012 - 11-15301 - Renfro v. The Funky Door Long Term Disability Plan
In an action by an insured under two long-term disability plans administered by Unum Life Insurance Company, against the plans when administrator decided to deduct plaintiff's Social Security Disability Insurance (SSDI) benefit as deductible income under each plan, resulting in an alleged "double offset," summary judgment to the plans and administrator is affirmed where: 1) the district court's decision was not an abuse of discretion, that the plain language of the plans permits the deduction of the SSDI benefit from each plan; and 2) plaintiff is not entitled to  equitable estoppel, affirm the district court’s grant of summary judgment in favor of the Plans. Read Opinion.

June 18, 2012 - 10-16209 - Metabolic Research, Inc. v.Ferrell
In an action seeking declaratory relief and punitive damages, arising out of a demand letter alleging false advertising claims regarding a natural fitness supplement, judgment denying motion to dismiss under Nevada’s anti-SLAPP statute is affirmed, where an order denying a pretrial special motion to dismiss under Nevada’s anti-SLAPP statute, Nev. Rev. Stat. sections 41.635-670, is not immediately appealable under the collateral order doctrine first recognized in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47 (1949). Read Opinion.



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