Volume 11, No. 14 | July 3, 2012


eye on ethics

Q: Do I have an ethical duty to search for any potential liens after settling a personal injury case?

A: No. While a lawyer has a duty to protect third party claims to settlement funds, Ariz. Ethics Op. 11-03 found that a lawyer does not have an affirmative duty to search public records to discover such claims.



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member news

New U.S. Attorney for Arizona Confirmed: Former Pima County Superior Court Judge John Leonardo was confirmed as the new U.S. attorney for Arizona on Friday, according to statements released by Arizona's U.S. Senate delegation. more�

Read Arizona's U.S. Senate statement here. Read President Obama's statement here.


In the news

More Nuanced View of Roberts After Health Care Law: Chief Justice John Roberts surprised many as a result of his role in last week's Supreme Court decision. Is this an indicator of future decisions or an isolated ruling? more�

'Public' Tweets Are Subject to D.A.'s Subpoena, Judge Says: Twitter Inc. must produce tweets and user information of an Occupy Wall Street protester, a judge has ruled, discounting objections from the social media website in a case of first impression. more�


from the bar

Bar Offices Closed for Holiday: The State Bar of Arizona will be closed on Wednesday, July 4 in observance of Independence Day. Regular office hours will resume on Thursday, July 5 at 8 a.m.

Tucson Attorney Suspended for 60 Days: Attorney Jay K. Powell of Tucson has been suspended from the practice of law for violating the Rules of Professional Conduct. more�

Department of Justice Has Opportunities for Attorneys with Disabilities:  To assist overall disability employment efforts, the DOJ coordinates its efforts to attract, develop, retain, and accommodate talented individuals from this important community. The DOJ recommends that State Bar members with disabilities who are interested in experienced attorney positions with the federal government, visit their career page by clicking here.

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.


court decisions

Arizona Court of Appeals
Division One
Division Two

June 12, 2012 - CV 11-0193 - Technology Construction v. City of Kingman
1. Whether the trial court correctly held as a matter of law that a no liability clause in
an  improvement district construction contract did not insulate the City of Kingman
from the construction company’s delay damages? 2. Whether the trial court correctly held as a matter of law that the construction company’s  damages consisting of increased material costs were direct damages resulting from the City of Kingman’s delay and not unforeseeable consequential
damages caused by Hurricane Katrina. Read Opinion.

June 26, 2012 - 2 CA-CR 2011-0384 - State of Arizona v. Karama Azizi Mwandishi 
Did the trial court err by failing to grant the defendant’s motion for a judgment of acquittal in which he argued the state presented evidence only that he had caused a “typical fracture,” asserting that is not sufficient proof of serious physical injury to permit a finding of aggravated assault pursuant to A.R.S. �� 13-1204(A)(1) and 13-105(39)? Read Opinion.

9th Circuit Court of Appeals

July 3, 2012 - 10-16479 - Day v. AT&T Disability Income Plan
In an action by an ERISA plan beneficiary who elected to roll over his pension benefits into an individual retirement account (IRA) upon separation from his employer, alleging the administrator wrongly construed his lump sum rollover as the equivalent of his having "received" his pension benefits and, according to the terms of plan, reduced his long-term disability (LTD) benefits by the amount of the rollover, the district court's judgment in favor of the administrator is affirmed where the administrator made a reasonable interpretation of the plan. Other allegations, that employer failed to sufficiently disclose the possibility that his LTD benefits would be reduced by his receipt of pension benefits, and that the administrator's actions violate the Age Discrimination in Employment Act (ADEA), are rejected. Read Opinion.

July 3, 2012 - 07-70336 - Annachamy v. Holder
Petitions for review of a decision of the Board of Immigration Appeals (BIA) denying asylum and withholding of removal because petitioner provided material support to a terrorist organization, in violation of 8 U.S.C. section 1182(a)(3)(B)(iv)(VI), is affirmed where the material support bar does not include an implied exception for individuals who assist organizations engaged in legitimate political violence or who provide support under duress. Read Opinion.


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