Arizona Supreme Court


Arizona Supreme Court limits the “show me the note” defense

One of the more common defenses in a foreclosure actions is the “show me the note” defense. The defendant is effectively saying “I may be guilty of not paying my loan, but you can’t prove that you own it.” For a while, this defense might have worked, due to poor record keeping or some other reason. However, as more courts address that defense, it is becoming very limited.


Arizona Supreme Court Rules that Damages Differ in Negligence and Wrongful Death Cases

The Arizona Supreme Court was asked to consider whether a jury may decline to award damages in a wrongful death case. Walsh v. Advanced Cardiac Specialist, Chartered, (2012). It can. Facts: A doctor replaced the plaintiff’s heart-valve. The valve became infected, and the Plaintiff died. Plaintiff’s family filed a wrongful death complaint for failing to “diagnose and threat …