Arizona Attorney magazine has listed Fuciarelli v. Good, et al., CV-14-01708-PHX-GMS (D. Ariz. Mar. 31, 2017), as one of its Significant Defense Verdicts of 2017. Struck Love attorney Jacob Lee served as trial counsel, and co-counsel Nick Acedo provided trial/appellate support. The case involved a landlord who alleged that police […]

In Yahweh v. City of Phoenix, No. 1 CA-CV 16-0270, __ WL __ (Ariz. App. July 11, 2017), the court held that A.R.S. § 12-821.01’s sum-certain requirement requires a claimant to include in a notice of claim “a particular and certain amount of money that, if agreed to by the […]

In Lowry v. City of San Diego, 13-56141, 2017 WL 2434715 (9th Cir. June 6, 2017), officers responded to an office building to investigate a triggered burglar alarm. Upon seeing an opened door to a darkened suite and suspecting a burglary might be in progress, one of the officers released […]

In County of Los Angeles v. Mendez, 16-369, 2017 WL 2322832 (U.S. May 30, 2017), the Supreme Court rejected the Ninth Circuit’s provocation rule, see Billington v. Smith, 292 F.3d 1177, 1189 (9th Cir. 2002).  Under that rule, an officer was liable for injuries resulting from a use of force—even […]

In Glazer v. State, 1 CA-CV 16-0416, 2017 WL 2125720 (Ariz. App. May 16, 2017), the court held that the lower interest rate applicable to judgments against the State during an appeal does not apply to any portion of a judgment that is not being paid out of the State’s […]

In S. B. v. County of San Diego, 15-56848, 2017 WL 1959984 (9th Cir. May 12, 2017), an individual with a history of mental health issues was acting aggressively and strangely all day, at one point threatening “someone was gonna get hurt” if he did not get some alcohol.  Concerned […]

In City of Phoenix v. Glenayre Elecs., Inc., CV-16-0126-PR, 2017 WL 1929472, at *1 (Ariz. May 10, 2017), the Arizona Supreme Court held that the statute of repose in A.R.S. § 12-552(A) applies to government entities and bars certain real property actions, notwithstanding A.R.S. § 12-510’s provision exempting government entities […]

In Davis v. United States of America, 15-55671, 2017 WL 1359482 (9th Cir. Apr. 13, 2017), federal agents secured a search warrant to seize lunar material belonging to a 74-year-old woman. The agents became aware of the material after the woman emailed NASA asking for assistance in finding a buyer; […]

In Wagner v. State, 1 CA-CV 16-0134, 2017 WL 1406440 (App. Apr. 20, 2017), a social worker working at a prison operated by the Arizona Department of Corrections (“ADC”) slipped and fell on a wet floor. At the time, the social worker was working as an employee of a private […]

In Andres v. Marshall, 15-56057, 2017 WL 1416497 (9th Cir. Apr. 21, 2017), an inmate filed a grievance. Three months later, having never received a response, the inmate filed a petition in state court regarding his attempt to exhaust. While that petition was pending, the inmate filed his federal lawsuit. […]