2009 Goals
Grow firm by 50%
Recruit Bankruptcy associate (Chris Chicoine)
Add Family Law (Jim Padish, Kellie Wells)
Add Business and Estate Planning (Chikk Myers)
Don’t stop thinking about tomorrow
We Are Pleased to Announce that
Charles F. Myers, P.A.
Is Of Counsel to Our Firm
Business and Estate Planning
Shawn K. Aiken
Barbara Lee Caldwell
Christopher R. Chicoine
Richard M. Gerry
D. Lamar Hawkins
James E. Padish
Alfred W. Ricciardi
Stephen C. Rich
Philip R. Rupprecht
Joseph A. Schenk
Robert C. Van Voorhees
Kellie N. Wells
OF COUNSEL
Charles F. Myers, P.A.
Aiken Schenk Hawkins & Ricciardi P.C.
4742 N. 24th St., Suite 100 Phoenix, AZ 85016 602-248-8203 www.ashrlaw.com
Attorneys at Law
Is Pleased to Announce That
BRENDAN MURPHY
Has Been Named a Member of the Firm
Mr. Murphy will continue his practice with the Firm in the fields of
complex commercial and tort litigation; professional malpractice;
employment law; and representation of professionals regarding
standard of care, ethical, dissolution, privilege, licensing and fee
issues.
As of January 30, 2009,
Meyer Hendricks, PLLC has relocated to
3101 North Central Avenue, Suite 800
Phoenix, Arizona 85012
602-604-2100
www.meyerhendricks.com
APPELLATE HIGHLIGHTS
offense(s), applies to each subsequent felony
offense committed while on release such that
the sentence for each subsequently committed
felony offense must be enhanced by two years.
State v. Stock, CR07-0541, 3/10/09.
A trial court does not err by admitting
evidence of a defendant’s post-arrest statements to a neighboring jail inmate when it
properly finds that the inmate did not act as
a state agent in either eliciting or reporting
the statements. A prosecutor’s alleged failure
to either instruct an independent informant
not to further elicit incriminating information or to prevent a private citizen from
unlawfully seizing a private letter or correspondence to another do not constitute
prosecutorial misconduct. State v. Martinez, 2
CA-CR 2007-0122, 3/2/09.
COURT OF APPEALS INDUSTRIAL COMMISSION
MATTERS
A Self-Insured Employer Does Not Have
to Pay the Attorney’s Fees of a Claimant
Who Successfully Litigates a Workers’
Compensation Claim That Results Only in
Reimbursement to the Employer’s Short
Term Disability Fund. When an employer self-insures its workers’ compensation claims and its
short-term disability benefits, and a claimant
successfully reopens a workers’ compensation
claim that results in benefits, the employer is not
liable for attorneys’ fees under the common
fund doctrine where the employee had already
received all monies due as short term disability,
and the award was used to reimburse the
employer for the amounts it paid for the
claimant’s short-term disability benefits. As a
self-insurer, the employer did not stand to gain
from the claimant’s successful litigation because
the employer simply transferred funds from its
workers’ compensation division to its short-term disability benefits division. Judge Orozco
dissented. Lee v. Industrial Comm’n, 1 CA-IC
08-0017, 3/12/09.
Housekeeping Services Are Not
Compensable Services Under Arizona’s
Workers’ Compensation System.
Housekeeping services are not covered medical
expenses (or “other treatment”) under A.R.S. §
23-1062(A) for purposes of workers’ compensation. Benefits under the workers’ compensation statute are not coextensive with tort damages and the statute neither mentions housekeeping services nor identifies any category of
services within which housekeeping could credibly fit. Patches v. Industrial Comm’n, 1 CA-IC
08-0027, 2/24/09.
COURT OF APPEALS SPECIAL ACTION MATTERS
Trial Court Has Discretion to Permit
Post-Judgment Intervention for Purposes of
Obtaining Discovery Materials in the Public
Interest. Intervention under ARIZ.R.CIV.P.
24(b) focuses on two issues: timeliness and
