Luane Rosen

Transcription

1 PHOENIX 3101 North Central Avenue, Suite 600 Phoenix, Arizona YUMA 833 East Plaza Circle, Suite 300A Yuma, Arizona TUCSON 2 East Congress Street Tucson, Arizona EFFECTIVE, VALUE-BASED LEGAL SERVICE TO INSURANCE COMPANIES SELF-INSUREDS CLOSELY HELD COMPANIES INDIVIDUALS AND FAMILIES HEALTHCARE PROVIDERS LOCAL GOVERNMENT ENTITIES ATTORNEYS Luane Rosen PARTNER [email protected] My goal in working with clients is to gain broad-based knowledge to fully understand the big picture. That perspective helps me resolve disputes while working to preserve my clients business or personal relationships. Luane Rosen enjoys helping others do what they do best run their businesses or live their lives while helping them manage often difficult legal issues. She practices in the areas of probate and trust administration, estate planning, appeals and commercial litigation. In her probate and trust administration practice, Luane works with people and families who have lost loved ones, helping them during an often difficult time to locate assets, identify debts and ensure that the decedent s property is managed and distributed in accordance with his or her wishes. In a related practice area, estate planning, Luane leads couples and individuals through the process of identifying their planning objectives, choosing planning strategies that best support those objectives, and helping them achieve peace of mind in knowing that their assets will be managed and distributed in accordance with their wishes. Luane is also a highly experienced appellate attorney (see published opinions and memorandum decisions below), having written dozens of appellate briefs and argued before state and federal appellate courts. In addition to handling appeals for clients of Schneider & Onofry, she provides appellate consultation and assistance to attorneys outside the firm. Before joining the firm, Luane served as a judicial law clerk at the Arizona Court of Appeals, Division One, for the Honorable Thomas C. Kleinschmidt (now a colleague at the firm) and the Honorable William F. Garbarino. As a litigator, Luane practices in the areas of civil and commercial litigation, in both state and federal court, involving disputes over such issues as contracts, fiduciary duties, professional liability, insurance coverage and bad faith, construction defects, and trucking accidents. Prior to becoming an attorney, Luane worked for non-profit organizations dedicated to lowincome housing and improving the medical treatment and care for people suffering from arthritis. PRACTICE AREAS Appeals Probate and Trust Administration Estate Planning Commercial Litigation Construction Defects Dram Shop Liability Insurance Coverage and Bad Faith Personal Injury and Wrongful Death Premises Liability Professional Liability Transportation Litigation HONORS AND AWARDS Arizona s Finest Lawyers (Sustaining Member), 2014

2 PROFESSIONAL MEMBERSHIPS State Bar of Arizona: Appellate Practice Section Arizona Association of Defense Counsel: Member, 2009-present; Inaugural Class of the Ladder Down Program, 2013 Arizona Women Lawyers Association: Member, 2004-present; Board of Directors, Maricopa County Bar Association BAR ADMISSIONS Arizona, 1990 U.S. District Court, District of Arizona, 1990 U.S. Court of Appeals, Ninth Circuit, 2006 EDUCATION J.D., Arizona State University, 1990 National Environmental Law Moot Court Team, 1990 M.A., Counselor Education, Arizona State University, 1981 B.A., cum laude, Arizona State University, 1977 PUBLISHED WORKS Life, Law and the Pursuit of Balance: A Lawyer s Guide to Quality of Life, Chapter Editor PRESENTATIONS MT Builders v. Fisher Roofing: A Closer Look at Indemnity and Duty to Defend, Arizona Association of Defense Counsel Appeals: The Long and Winding Road, Arizona Association of Defense Counsel Recent Ethics Opinions and Lawyer Regulation, Scottsdale CLE Roundtable State Bar of Arizona Professionalism Course: Small-Firm Breakout Session Panel Moderator, Seminars on Quality of Life Topics, State Bar of Arizona and Maricopa County Bar Association RECENT OUTCOMES Present Successfully defended an appeal from the dismissal of a case on the grounds of qualified immunity Successfully defended an appeal from the denial of injunctive relief on a non-compete agreement Successfully defended an appeal seeking to overturn a jury s verdict based on the denial of life insurance benefits Obtained reversal of summary judgment on appeal in a wrongful death case involving the alleged failure to warn in a car-train collision Obtained a plaintiff s verdict in a shareholder dispute/breach of contract action Successfully defended an appeal of a trial court ruling striking down overly broad nonsolicitation and non-compete provisions in an employment contract Successfully defended an appeal on the allocation of competing claims for fire insurance proceeds paid during the pendency of a real estate transaction Obtained defense verdict in copyright infringement jury trial brought against competing architectural firm Filed appellate briefs on a variety of issues, including insurance bad faith, contracts, punitive damages and Rule 68 sanctions Obtained verdict in excess of $2.6 million in jury trial against life insurance company and its agents on claims of bad faith, breach of contract, and negligence

3 Successfully defended against an appeal seeking to overturn a new trial in favor of our client in a minority shareholder business dispute; obtained award of attorneys fees from both the Arizona Court of Appeals and Arizona Supreme Court Successfully defended against an appeal seeking to reverse the dismissal of a legal malpractice claim; obtained award of attorneys fees from both the Arizona Court of Appeals and Arizona Supreme Court Obtained dismissal of federal RICO claims based on alleged wire/mail fraud and copyright infringement Obtained dismissal of state organized crime and fraud claims based on alleged theft, scheme or artifice to defraud, and criminal syndicate 2011 and Earlier Successfully defended against plaintiff s appeal of jury verdict in a dram shop action where the verdict was deemed supported by sufficient evidence Successfully defended against an appeal seeking to reverse summary judgment in favor of bar in a dram shop action based on an intervening and superseding cause that broke the chain of proximate causation Successfully appealed from adverse indemnity ruling against subcontractor where court of appeals ruled duty owed only to extent that damages were caused in whole or in part by subcontractor s negligence Prevailed on appeal of a dram shop action against seller of a bar based on a lack of duty where seller maintained no control over operating the premises or training its staff Successfully defended against appeal by general contractor seeking to reverse attorneys fee award in favor of subcontractor; court of appeals held fees were justified because the third-party complaint against subcontractor was unwarranted; obtained award of attorneys fees on appeal Obtained dismissal of legal malpractice claim and obtained award of attorneys fees against plaintiff for bringing the claim without substantial justification and/or primarily for delay or harassment Successfully defended against appeal of summary judgment in favor of railroad company by worker claiming personal injury damages under the Federal Employers Liability Act (FELA) Obtained dismissal of complaint and award of attorneys fees in dispute by homeowner against a neighborhood association; successfully defended against homeowner s appeal and obtained attorneys fees from court of appeals Successfully defended against appeal from the dismissal of a wrongful death action in a premises liability case Successfully defended against appeal from a jury verdict in a trucking accident, wrongful death action Negotiated dismissal of wrongful death claim against electrical engineer Assisted non-profit organization and other clients in contract negotiations On an ongoing basis, successful in negotiating settlements in claims relating to business disputes, construction defects, contracts, defamation, and negligence-based matters On an ongoing basis, help clients successfully navigate probate and trust administration following the death of a family member PUBLISHED OPINIONS Reza v. Pearce, F.3d, 2015 WL (9th Cir. 2015): Dismissal of false arrest claim against police officer upheld on appeal under qualified immunity Arellano v. Primerica Life Ins. Co., 235 Ariz. 371, 332 P.3d 597 (App. 2014): Breach of contract and bad faith verdict upheld against life insurance company; punitive damages based on evidence of reprehensibility upheld, but reduced in scope

4 MT Builders, LLC v. F isher Roofing, Inc., 219 Ariz. 297, 197 P.3d 758 (App. 2008): Summary judgment against subcontractor reversed where subcontractor s indemnity provision required general contract to prove subcontractor s fault in that indemnity was owed only to the extent caused in whole or in part by the subcontractor s negligence Strawberry Water v. Paulsen, 220 Ariz. 401, 207 P.3d 654 (App. 2008): Case remanded for retrial of damages based on comparative fault of nonparties Henning v. Montecini Hospitality, Inc., 217 Ariz. 242, 173 P.3d 430 (App. 2007): Summary judgment in dram shop action affirmed in favor of seller of a bar where purchase was not completely finalized; seller owed no duty to person injured by intoxicated patron because seller maintained no control over operation of the premises Fulton Homes Corp. v. BBP Concrete, 214 Ariz. 566, 155 P.3d 1090 (App. 2007): Attorneys fee awards to subcontractors affirmed where the evidence supported a determination that the general contractor s third-party complaint against the subcontractors was not warranted MEMORANDUM DECISIONS Seronde v. BNSF Ry. Co., 1 CA-CV (4/2/2015): Reversed summary judgment on negligence claim stemming from alleged inadequate markings and warning devices. Security Pest & Termite Sys. of Southern Ariz. v. Reyelts, 1 CA-CV (5/14/2015): Affirmed trial court s denial of injunctive relief based on the failure to show irreparable harm and delay in seeking the injunction. Quicken Loan, Inc. v. Beale, 1 CA-CV (5/13/2014), 2014 WL : Affirmed trial court s ruling striking down overly broad non-solicitation and non-compete provision in employment contract. Washington v. E state of Campbell, 1 CA-CV , 1 CA-CV (consolidated) (6/24/2014), 2014 WL : Affirmed ruling on allocation of competing claims for fire insurance proceeds paid during the pendency of a real estate transaction. Robert Kubicek Architects & Associates, Inc. v. Bosley, 1 CA-CV (12/20/2012), 2012 WL : Grant of new trial in favor of minority shareholder in business dispute affirmed; grant of minority shareholders directed verdicts against plaintiff s claims affirmed; and attorneys fees awarded to minority shareholder by the Arizona Court of Appeals and Arizona Supreme Court Battistello v. The Tilted Kilt of Ariz., LLC, 1 CA-CV (12/22/2011), 2011 WL : Jury verdict in favor of bar upheld in dram shop matter Kowalczyk v. May, 1 CA-CV (10/25/2011), 2011 WL : Summary judgment and award of attorneys fees affirmed in favor of attorney in legal malpractice case; claim barred by statute of limitations. Attorneys fees also awarded on appeal Anderson v. Graham Bros. et al., 1 CA-CV (8/26/2010), 2010 WL : Summary judgment in favor of bar affirmed in dram shop action where patron had been safely transported home and later left home while still intoxicated, seriously injuring the plaintiff; intoxicated patron s decision to leave her home and drive was an intervening and superseding cause that broke the chain of proximate causation Schrum v. Burlington Northern & Santa Fe Railway Co. (BNSF), 9th Cir. Ct. App. No (7/10/2008), 286 Fed.Appx. 380 (9th Cir. 2008): Summary judgment affirmed in favor of BNSF on plaintiff s claim for personal injury damages sought under the Federal Employers Liability Act (FELA) due to lack of expert physician testimony Gayer v. Willo Neighborhood Ass n, et al., 1 CA-CV (10/25/2007), 2007 WL : Dismissal of complaint and award of attorneys fees affirmed in dispute with neighborhood association regarding request for documents. Attorneys fees also awarded on appeal Dean/Connelly v. Jack in the Box, et al., 1 CA-CV , 1 CA-CV (consolidated) (7/19/2005): Dismissal in premises liability case affirmed Allen v. Shamrock Foods Co., 1 CA-CV (3/31/2005): Defense jury verdict in trucking accident case affirmed RE CENT APPELLATE MATTE RS Luane Rosen s appellate experience illustrates her capacity to successfully handle appeals in a wide variety of cases: Business divorce involving parties intent on share value Bad faith involving denial of life insurance benefits

5 Indemnity claims against a subcontractor Conversion, breach of fiduciary duty and other intentional torts alleged against a former employee Restrictive covenant violations alleged against former employees Copyright infringement claims against an architect Competing claims for fire insurance proceeds Challenges to evidentiary rulings made during jury trials Challenges to jury instructions given or denied at trial Intervening and superseding cause of auto accident causing serious injuries Successful party under attorneys fees statutes and contract provisions Premises liability of business owners Legal malpractice claims Requests for records from both for-profit and not-for-profit businesses Claims against employers for negligent supervision and training Disputes between HOAs and homeowners