A recent study by the American Medical Association exposes a disturbing public health crisis—more than 80% of emergency departments (ERs) in the U.S. are not fully prepared for pediatric cases. This is despite the fact that pediatric ER visits make up about 20% of total ER visits each year. T…
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Schmidt, Sethi & Akmajian
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Elopement and Wandering Deaths Plague Assisted Living Facilities
August 5, 2023 was one of the hottest days in a record setting hot summer in Tucson. That afternoon the Pima County Sheriff’s Office sent out a Silver Alert asking the community for help locating Miguel Moreno. Miguel was a 72 year old man with a dementia diagnosis. A few days earlier he moved in…
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Statute of Limitations: Applicability of Statute of Limitations to Public Entity Suing Another Public Entity/Accrual
City of Chandler v. Roosevelt Water Conservation District, No. 1 CA-CV 23-0744 (App. Div. I, October 31, 2024) (J. Catlett)
A.R.S. § 12-821 ONE YEAR STATUTE OF LIMITATIONS APPLIES TO PUBLIC ENTITY SUING ANOTHER PUBLIC ENTITY DESPITE NULLUM TEMPUS OCCURRIT REGI/STATUTE OF LIMITATIONS ACCRUES WHEN…
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60 Minute Story Reveals Cases of Insurance Fraud by Insurance Companies
A recent episode from 60 Minutes revealed a troubling tactic used by insurance companies in attempt to pay out far less money on claims than what the claims were worth. Following hurricane Helene, 60 Minutes’ investigators uncovered a slew of cases where insurers substantially modified, eliminate…
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Evidence: Behavioral Health Professional -Client Privilege/”“Acquaintance” Witness
In Re: MH2023-004502, No. 1 CA-MH 23-0085 (App. Div. I, October 31, 2024) (J.Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-MH%2023-0085%20IN%20RE%20MH2023-004502.pdf
EXAMINATION OF MENTAL HEALTH PATIENT BY BEHAVIORAL HEALTH SOCIAL WORKER WHICH INCLUDED TREATMENT …
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Torts: Accrual of Abuse of Process Action and Waiver
Liberti v. City of Scottsdale, No. 2 CA-CV 2024-0082 (App. Div. II, October 25, 2024) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240082releasedasOpinion.pdf
ABUSE OF PROCESS CLAIM ACCRUES AGAINST PUBLIC ENTITY WHEN PLAINTIFF “REALIZES” OR “RESONABLY SHOULD KNOW” SHE HAS BEEN DAMAGED RE…
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Contracts: Homeowner Association Enforceability of Amendment Covenants, Conditions & Restrictions
Gross v. The Shores at Rainbow Lake Comm. Ass’n, No. 1 CA-CV 23-0394 (App. Div. I, October 10, 2024) (J. Thumma)
AMENDMENT TO CC&R’s OF HOA ONLY ENFORCEABLE IF “REASONABLE AND FORESEEABLE”
Defendant The Shores Lake Community Association [HOA] amended its Covenants, Conditions and Restrictions […
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Governmental Liability: Notice of Claim “Specific Amount for Which Claim Can Be Settled”
City of Mesa v. Ryan, No. CV23-0284-PR (October 17, 2024) (C.J. Timmer)
A.R.S. § 12-821.01(A) REQUIRES GOVERNMENTAL ENTITY BE SERVED A NOTICE OF CLAIM WITHIN 180 DAYS WHICH CONTAINS “A SPECIFIC AMOUNT FOR WHICH THE CLAIM CAN BE SETTLED AND FACTS SUPPORTING THAT AMOUNT”—DEMANDING $1 MILLION “O…
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Administrative Law: Suspension of Driver’s License Based Upon THC in Blood
Kirsten v. Arizona Dept. of Transp., No. 1 CA-CV 24-0092 (App. Div. I, October 1, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-CV%2024-0092%20KIRSTEN%20v%20ADOTMVD.pdf
ABSENCE PROOF OF IMPAIRMENT, A.R.S. § 36-2852(A)(1) PROHIBITS SUSPENSION OF DRIVER’S…
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Rules of Civil Procedure: Default Judgment Appropriate Where No Timely Answer to Amended Complaint Filed/Right to Appeal form Default Judgment
Melbye v. Dennis, No. 2 CA-CV 2023-0209 (App. Div. II, September 9, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230209Opinion.pdf
FAILURE TO TIMELY ANSWER AMENDED COMPLAINT IN FACE OF ENTRY OF DEFAULT SUPPORTS ENTRY OF DEFAULT JUDGMENT/DEFENDANT MAY APPEAL FROM DEFAULT JUDGME…
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Medical Malpractice: Need for Expert Witness to Establish Breach of Standard of Care
Francisco v. Affiliated Urology Ltd, No. CV-23-0152-PR (August 16, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230152PR.pdf
FAILURE TO WARN PATIENT OF RISKS OUTLINED IN DRUG PACKAGING BEFORE PRESCRIBING MEDICATION INADEQUATE WITHOUT EXPERT TESTIMONY TO ES…
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Homeowner’s Association Right to Sue for Structural Defects
Gallery Comunity Ass’n v. K. Hovnanian at Gallery, LLC, No. 1 CA-CV 23-0375 (App. Div. I, August 6, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0375%20Gallery%20v.%20K.%20Hovnanian.pdf
A.R.S. § 33-2002(A) AUTHORIZES HOA TO BRING LAWSUIT FOR STRUCTUR…
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Protecting Our Kids: Essential Tips for Safe Driving around School Buses and in School Zones
I am loving the First Day of School photos that friends are sending me and that are popping up on my social media. It’s bittersweet for me – for the first time in a long time, I don’t have a kid starting school this week. My K-12 parenting career has ended. Now I look forward to hauling IKEA mov…
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GENDER AND RACIAL DISPARITIES IN HEALTHCARE
Over the past several months, there has been a great deal of reporting that women and minorities are more likely than white males to be the victims of poor health care. https://www.nbcnews.com/health/health-news/medical-mistakes-are-likely-women-minorities-rcna133726
According to researchers, w…
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Insurance: Commercial Automobile Liability Insurance Coverage for Additional Insured for “Use” of Insured Vehicle
Stalker & Parson Cos., Inc. v. Scottsdale Ins. Co., No. CV-21-0256-CQ (July 10, 2024) (J. Beene) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV210256CQ.pdf
LOADING & UNLOADING (TO INCLUDE TRANSPORTATION OF LOAD BETWEEN LOADING AND UNLOADING) OF VEHICLE CONSTITUTES “USE” OF INSUR…
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Don't Miss Your Deadline: The Arizona Statute of Limitations for Personal Injury Claims
The aftermath of a serious injury can be overwhelming. Medical bills pile up, and the path to recovery can seem long and uncertain. If your injury was caused by someone else’s negligence, you may be considering legal action. Know this – Arizona law imposes a strict deadline for filing a personal …
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