Arizona Court of Appeals Upholds $125,000 Sanction for Plaintiff’s attorney Fees in Med Mal Case.
Congrats to the Law Office of Raymond J. Slomski on a significant victory at the Arizona Court of Appeals. The court affirmed Superior Court’s (trial court)sanction against a defendant for violating disclosure requirements during trial and causing a mistrial. The Superior Court originally awarded 125K for costs and attorneys fees. The Court of Appeals unanimously affirmed the trial court ruling—rejecting defendant’s arguments that: 1) there were no disclosure violations; 2) a defendant doctor does not have to disclose the bases of his opinions like other expert witnesses; 3) that a contingent fee lawyer is limited to the hourly rate charged by defense lawyers; and 4) the fee application was not sufficiently detailed. The Superior Court accepted plaintiff’s argument that the sanction was warranted pursuant to a newly enacted statute that provides reasonable attorneys fees and costs shall be awarded when a party or attorney’s misconduct delays a proceeding. The defendant’s disclosure violations caused a mistrial during week 2 of a jury trial. The expenses included pretrial preparation and trial work involving the firm’s 2 lawyers and 2 paralegals.