Best Law Firms

Phoenix Metro Tier 1 (Commercial Litigation),
Tier 3 (Bankruptcy)

Schneider & Onofry, P.C., Attorneys at Law

Phoenix
602-230-8857

Yuma
928-257-4887

Tucson
520-777-2196

 

 

 

Luane Rosen

 

Luane Rosen

PARTNER

“In working with clients, I seek to have a clear understanding of how they view their legal issue, what they hope to accomplish, and how I can tailor my services and communications to meet their expectations, all with an eye toward achieving a positive outcome.”

Luane Rosen enjoys helping others manage difficult legal issues and achieve important goals. She practices in the areas of adoption, probate and trust administration, estate planning, and appeals.

Adoption. Luane represents adoptive parents in most adoption scenarios, including step-parent, same-sex parent, grandparent and other relative adoption; private adoption, with or without an adoption agency; and international adoption. Her adoption services include all aspects of filing for the adoption through the final adoption hearing. She also assists adoptive parents in termination of parental rights (severance, consent, etc.) and, where appropriate, facilitating communications and arrangements between adoptive and birth parents. | Frequently Asked Questions

Probate and Trust Administration. 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. | Frequently Asked Questions

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. | Frequently Asked Questions

Appeals. Luane is also a highly experienced appellate attorney (see published opinions and memorandum decisions below and at right), 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.

Prior to becoming an attorney, Luane worked for non-profit organizations dedicated to low-income housing and improving the medical treatment and care for people suffering from arthritis.

Recent Outcomes

2014 - Present

  • Obtained reversal of default judgment based on improper service on defendants

  • Successfully defended an appeal seeking to overturn a jury verdict in favor of competing architect for alleged copyright violations

  • Successfully defended an appeal seeking to overturn the trial court’s dismissal of complaint with prejudice based on discovery violations

  • Obtained reversal of judgment dismissing bad faith claims against insurer

  • 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

  • Successfully defended an appeal of a trial court ruling striking down overly broad non-solicitation 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

  • Filed appellate briefs on a variety of issues, including insurance bad faith, contracts, punitive damages and Rule 68 sanctions

2013 and Earlier

  • 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

  • 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

  • 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)

  • 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

Recent Appellate Matters

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

  • 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

  • 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

 

 

Direct Line

602-200-1283

Practice Areas

Appeals

Adoption

Probate and Trust Administration

Estate Planning

Honors and Awards

Arizona's Finest Lawyers (Sustaining Member), 2014

Professional Memberships

State Bar of Arizona: Appellate Practice Section

Arizona Women Lawyers Association: Member, 2004-present; Board of Directors, 2008-2009

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

"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

Published Opinions

Reza v. Pearce, 806 F.3d 497 (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

MT Builders, LLC v. Fisher 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

Recent Memorandum Decisions

Hahne v. AZ Air Time, LLC, 1 CA-CV 14-0586 (3/22/2016), 2016 WL 1117747: Affirmed trial court’s grant of motion to set aside default judgment based on improper service.

Robert Kubicek Architects & Associates, Inc. v. Bosley, et al., 9th Cir. Ct. App. No. 14-15792 (3/11/2016): Affirmed jury verdict in favor of competing architect who left prior firm on claims of copyright violation.

Baron v. Dillard, 1 CA-CV 14-0171 (1/5/2016), 2016 WL 54832: Affirmed trial court’s dismissal of plaintiff’s complaint with prejudice based on plaintiff’s repeated failure to comply with discovery requests.

Hutchison v. American Family Mut. Ins. Co., 1 CA-CV 14-0606 (10/29/2015), 2015 WL 6696583: Obtained reversal of judgment dismissing plaintiff’s bad faith claim.

Security Pest & Termite Sys. of Southern Ariz. v. Reyelts, 1 CA-CV 14-0237 (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.

Seronde v. BNSF Ry. Co., 1 CA-CV 14-0166 (4/2/2015): Reversed summary judgment on negligence claim stemming from alleged inadequate markings and warning devices.

Quicken Loan, Inc. v. Beale, 1 CA-CV 13-0053 (5/13/2014), 2014 WL 1921086: Affirmed trial court’s ruling striking down overly broad non-solicitation and non-compete provision in employment contract. 

Washington v. Estate of Campbell, 1 CA-CV 12-0777, 1 CA-CV 13-0233 (consolidated) (6/24/2014), 2014 WL 2871342: 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 11-0416 (12/20/2012), 2012 WL 6673954:  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 10-0739 (12/22/2011), 2011 WL 6747422: Jury verdict in favor of bar upheld in dram shop matter

Kowalczyk v. May, 1 CA-CV 10-0559 (10/25/2011), 2011 WL 5066912: 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 09-0254 (8/26/2010), 2010 WL 3366656: 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