LORI VOEPEL – RECENT PUBLISHED DECISIONS
State Court.
1. Santee v. Mesa Airlines, ___ Ariz. ___, 270 P.3d 915 (App. 2012) (dismissed for lack of
jurisdiction where notice of appeal was filed while a Rule 68(g) motion was pending)
2. Ariz. Indep. Redistricting Comm'n v. Brewer, ___ Ariz. ____, 275 P.3d 1267 (2012)
(represented state senate in special action challenging Governor’s removal of redistricting
commission chair)
3. The Best Choice Fund, LLC v. Low & Childers, 228 Ariz. 502, 269 P.3d 678 (App. 2011)
(won affirmance of summary judgment on issue of when claim for legal malpractice accrued)
4. Phoenix Children's Hospital v. Grant, 228 Ariz. 235, 265 P.3d 417 (App. 2011) (Counsel for
Amicus MICA and Scottsdale Health Care in opinion upholding a defendant hospital and
counsel’s right to speak informally with a treating physician employed by hospital)
5. Bank One Corp. v. Indus. Comm'n of Arizona, 226 Ariz. 134, 244 P.3d 571 (App. 2010) (won
in workers compensation case involving supportive care benefits outlined in terms of settlement
agreement)
6. Short v. Dewald, 226 Ariz. 88, 244 P.3d 92 (App. 2010) (abatement, horizontal appeals)
7. State v. City of Kingman, 217 Ariz. 485, 176 P.3d 53 (App. 2009) (won on behalf of City of
Kingman on issue involving joint control of a roadway by ADOT & the City)
8. Seidman v. Seidman, 222 Ariz. 408, 215 P.3d 382 (App. 2009) (won reversal of entry of
default against wife for court’s failure to comply with due process in family law proceeding)
9. Backus v. State of Arizona, 220 Ariz. 101, 203 P.3d 499 (2009) (Counsel for Amicus Arizona
School Risk Retention Trust and City of Phoenix)
10. Lee v. State of Arizona, 218 Ariz. 235, 182 P.3d 1169 (2008) (Counsel for Amicus Arizona
School Risk Retention Trust and City of Phoenix)
11. Parra v. Indus. Comm'n of Arizona, 213 Ariz. 265, 141 P.3d 745 (2006) (involved
apportionment and disability benefits)
12. Rineer v. Leonardo, 194 Ariz. 45, 977 P.2d 767 (1999) (Counsel for Amicus in challenge to
constitutionality of Arizona’s sexually violent predators statute)
Federal Court.
1. Alvarado v. Cajun Operating Co., 588 F.3d 1261(9th Cir. 2009) (won case of first
impression, making punitive & compensatory damages unavailable for ADEA retaliation claims)
2. Malik v. District of Columbia, 574 F.3d 781 (D.C. Cir. 2009) (involved exhaustion of
“available” administrative remedies)
3. Robinson v. City of Phoenix, 2010 U.S. Dist. LEXIS 113401 (2010) (won summary judgment
on res judicata grounds on most counts)
4. Hagens v. Corr. Corp. of America, 2007 U.S.App. LEXIS 30465 (D.C. Cir. 2007) (won on
issue involving exhaustion of administrative remedies)
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LORI VOEPEL – RECENT UNPUBLISHED DECISIONS
State Court.
1. Reeves v. Arrowhead R.V. Resort, L.L.C., 2012 Ariz. App. Unpub. LEXIS 867 (Ariz. Ct. App.
July 24, 2012) (chain barrier blocking private road did not create an artificial and highly
dangerous condition for purposes of landowner liability to trespasser on ATV).
2. Pro Fire v. Metro Fire, 2011 Ariz. App. Unpub. LEXIS 1595 (App. 2011) (won affirmance of
summary judgment on causation issue in negligence claim)
3. State Farm Mut. Auto. Ins. Co v. Slayton., 2011 Ariz. App. Unpub. LEXIS 1294 (App. 2011)
(won affirmance of summary judgment on ground that a family member must still be in the
“zone of danger” to recover for bystander negligent infliction of emotional distress; arriving in
the “immediate aftermath” does not state an NIED claim)
4. Aguilar v. R.W. Strunk Excavating, Inc., 2011 Ariz. App. Unpub. LEXIS 1155 (App. 2011)
(dismissing for lack of jurisdiction where notice of appeal was filed while time-extending motion
was pending in lower court)
5. Vega v. Killip, 2011 Ariz. App. Unpub. LEXIS 1357 (App. 2011) (won affirmance of
summary judgment on whether landowner owed a duty toward a social guest who was injured
after driving a golf cart off his property)
6. Sandpiper Resorts Dev. Corp. v. La Paz County, 2011 Ariz. App. Unpub. LEXIS 960 (App.
2011) (won summary judgment on service of notice of claim issue; court of appeals agreed that
where improper county officials were served with notice, merely forwarding the notice to the
proper officials was not sufficient to meet notice requirement and did not waive service issue)
7. Hartford v. Indus. Comm'n, No. 1 CA-IC 09-0045, 2010 Ariz. App. Unpub. LEXIS 1471,
(App. 2010) (workers compensation appeal involving “joint ventures”)
8. Haizlip v. City of Scottsdale, 1 CA-CV 09-0163, 2010 Ariz. App. Unpub. LEXIS 915 (App.
2010) (won argument that appellant waived his challenge to all but one count on appeal)
Federal Court.
1. Cummins v. City of Yuma, No. 09-15423, 2011 U.S. App. LEXIS 1155 (9th Cir. 2011) (won
on disparate impact claim under ADEA; upholding 12(b)(6) dismissal)
2. Sherman v. Kushner, No. 08-17560, 2009 U.S. App. LEXIS 22325 (9th Cir. 2009) (won
affirmance of summary judgment for failure to show actual injury in access to courts claim)
3. Rodriguez v. City of Phoenix, No. 07-15390, 2008 U.S. App. LEXIS 26730 (9th Cir. 2008)
(upholding determination that prosecutors’ failure to take custody of child on behalf of father
when she appeared from Mexico to testify in criminal case did not violate father’s constitutional
rights or constitute negligent interference with custodial rights)
4. Madrid v. County of Apache, No. 06-16766, No. 06-16920, 2008 U.S. App. LEXIS 15716 (9th
Cir. 2008) (won reversal of denial of county assessor’s motion for judgment as a matter of law
with instructions to enter judgment for assessor on intentional interference with contract claim)
5. Cranmer v. Tyconic, Inc., No. 06-16383, 2008 U.S. App. LEXIS 10596 (9th Cir. 2008) (won
affirmance of grant of summary judgment involving appellant’s challenge to whether probable
cause existed for his arrest)
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6. Ferguson v. Dep't of Corr., No. 05-7171 (Consolidated with 05-7172), 2007 U.S. App.
LEXIS 30006 (D.C. Cir. 2007) (won affirmance in prisoner appeal)
7. Branco v. Corr. Corp. of Am., No. 06-15780 , 2007 U.S. App. LEXIS 9800 (9th Cir. 2007)
(won decision that a difference of opinion between an and his treating physicians about the best
course of medical treatment does not constitute an Eighth Amendment violation)
8. Warren v. Schriro, No. 05-15122 , 2006 U.S. App. LEXIS 606 (9th Cir. 2005) (involved
competency of criminal defendant to accept plea agreement)
9. Martin v. Thomas, No. 04-16090 , 2005 U.S. App. LEXIS 7014 (9th Cir. 2005) (won
evidentiary hearing ultimately resulting in reversal of conviction on ground that acceptance of
plea offer was not informed)
10. Gonzalez v. Ellis, No. 04-15221 , 2005 U.S. App. LEXIS 369 (9th Cir. 2004) (challenge to
constitutionality of military court martial proceedings in first degree murder case)
11. Hershfeldt v. Herman, No. 01-16421, 2003 U.S. App. LEXIS 5909 (9th Cir. 2003) (found
failure to properly preserve federal constitutional claims in habeas appeal)
12. United States v. Cretacci, No. 01-16592 , 2002 U.S. App. LEXIS 22378 (9th Cir. 2002)
(involving cause and prejudice and actual innocence exceptions to procedural default)
13. United States v. Guyer, No. 99-10032, 2000 U.S. App. LEXIS 7242 (9th Cir. 1999)
(represented former District Director of Small Business Administration in complex wiretap
challenge)
14. United States v. Lovett, No. 96-10488, 96-10507, and 96-10508, 1998 U.S. App. LEXIS
2111 (9th Cir. 1998) (involved challenge to convictions for mail and wire fraud)
15. Milke v. Ryan, No. CV 98-60-PHX-RCB, 2010 U.S. Dist. LEXIS 12881 (D. Ariz. 2010)
(complex capital habeas appeal; findings after evidentiary hearing on remand by Ninth Circuit,
now on appeal)
16. Milke v. Schriro, No. CV 98-0060-PHX-RCB, 2006 U.S. Dist. LEXIS 87536 (D. Ariz. 2006)
(complex capital habeas appeal denied on merits, now on appeal)
17. Koch v. Lewis, No. CIV. 90-1872 PHX-JBM, 2001 U.S. Dist. LEXIS 24462 (D. Ariz. 2001),
Injunction granted at Koch v. Lewis, 216 F. Supp. 2d 994 (D. Ariz. 2001) (involved challenge to
inmate’s segregation as security threat group member)
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