Civil Litigation

Apparently the blog host updated its interface, so that my usual computers (a pair of older Macs) wouldn’t interface with it. I finally got a Windows laptop and can post from that. I’m just now starting to the learn the new OS and browser and hardware, so it may be slow for a bit.
It appears all the older posts have been moved to the archives, and can be found by clicking on that link.
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Arizona Supreme Court Limits When Juries Are Allowed to Infer Causation in Medical Malpractice Claims

September 20, 2021

It is now a little easier for healthcare providers to defend against medical malpractice claims. Last month, in Sampson v. Surgery Ctr. of Peoria, LLC, the Arizona Supreme Court held:

If the cause of a patient’s death is (1) “disputed” and (2) “not obvious to an ordinary person,”

then a “jury in a medical malpractice case may not be left to ‘infer’ causation without the guidance of expert testimony.”

At least, this is how the Court stated its holding
Continue Reading Arizona Supreme Court limits when juries may infer causation in med-mal claims

Here’s the Supreme Court docket, with links to each pdf filing. Theirs begin after “argument set,” dated Aug. 16. I count 36 of them, but may be a little off.

Their dominate in one thing: big name organizations. American Bar Association, ACLU, Amnesty International, League of Women Voters, etc., essentially the organizations of the elite. None of those listed should have much institutional interest in the 2A or gun control, so they wade in because it’s one of the elites against the rest of us.

Quick skims indicate very little discussion of history or real con law. Most briefs
Continue Reading NYSRA amicus briefs for the other side filed

For the second year, Second Amendment Foundation is hosting its Gun Rights Policy Conference online.

Their history dates back to when SAF organized Scholars’ Conferences in the late 1970s. I distinctly remember one in 1978, I think it was the second one, in St. Louis. At those conferences, I first met Steve Halbrook, Joyce Malcolm, Don Kates (who chaired them), David Caplan, and others. Egad, 43 years ago, about 2/3 of a human lifetime.
Continue Reading Online Gun Rights Policy Conference, Sept 25-16

On the Supreme Court docket here. The historical discussion begins on p. 21.

Right off the top, it discusses “surety to keep the peace” statutes as if they disarmed the defendant. All the ones I’ve seen just bound the defendant to keep the peace for six months or a year; whether he carried arms during that time was not affected. They applied only if someone, the plaintiff, proved that the defendant had threatened him or breached his peace.
Continue Reading New York files its brief in NYSRPA

Story here. I knew Foss when he was an NRA director and president, prior to his death in 2003. He earned the Medal of Honor … on Guadalcanal, where as one writer said, uncommon courage was a common virtue, and he stood out even there. Here’s an understated summary of his actions, and here’s a much more colorful one at Badass of the Week.
Continue Reading South Dakota Air Nat'l Guard honors Joe Foss