Hoffman Legal

Old fashioned postcard marketing for the appellate work!

I argued before the Court of Appeals yesterday. The issue was retroactive spousal maintenance. The COA seemed disinclined to make any major rulings in this area given that the Supreme Court is doing a rule change on spousal right now.

Calling all litigators: In Swift Transportation v. Hon. Carman/Mountz, the Arizona Supreme Court issued an opinion on punitive damages. A plaintiff must establish that the defendant knew, or intentionally disregarded, facts that created an unreasonable risk of physical harm – a risk substantially greater than that necessary to make their conduct negligent or even grossly negligent – and consciously disregarded that risk.

Wilson v. Noriega, 1 CA-CV 21-0048 (8/16/2022): Trial court erred in reducing spousal maintenance by monthly payment Wife was receiving for her share in the community business; it was not an income stream but a distribution over time for her share of the marital property. Wife would have to deplete her assets and would be without resources to support herself. Court also reversed for consideration of Wife's request for attorney's fees under A.R.S. s. 25-324.