Diversity Jurisdiction: Removal & Remand The Boeing Co. v. Autozone West, Inc., No. 19-56409 (9th Cir., October 1, 2021) (J. Bennett) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/01/19-56409.pdf THIRTY DAY DEADLINE TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT BASED UPON DIVERSITY...
Federal Torts Claim Act/Federal Employees Compensation Act/Medical Negligence Hawkins v. United States, No. 19-35918 (9th Cir., September 28, 2021) (J. Watford) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/28/19-35918.pdf FTCA ACTION FOR INJURIES ALLEGEDLY CAUSED BY MEDICAL NEGLIGENCE NOT BARRED BY FECA
Punitive Damages—Cell Phone Use While Driving Purdy v. Metcalf, No. 2 CA-SA 2021-0039 (App. Div. II, September 24, 2021) (J. Staring) PUNITIVE DAMAGE INSTRUCTION APPROPRIATE IN WRONGFUL DEATH CASE WHERE EVIDENCE SUPPORTS CONCLUSION DEFENDANT PROFESSIONAL DRIVER WAS DISTRACTED BY CELL PHONE USE ...
California doctors successfully block medical board funding bill. Medical boards have an important mission. It is shameful that these reform efforts were blocked. We continue to pursue justice for patients and their families injured by medical neglect.
A Phoenix judge has ordered that a state law attempting to bar schools from imposing mask requirements on campus is unconstitutional. The law was set to take effect on Wednesday, September 29, 2021, but now it will not. The judge agreed with a coalition of school groups who argued that including ...
Constitution—Crime Victim Right to Be Heard re Restitution State v. Fox, No. CR-20-036-PR (September 20, 2021) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CR200306PR.pdf CRIME VICTIM HAS CONSTITUTIONAL RIGHT TO BE HEARD ON THE MERITS OF A DEFENDANT'S ATTEMPT TO DEL...
Liens: Hospital Balance Billing Liens and Health Care Services Organizations Grunwald v. Scottsdale Healthcare Hospitals, No. 1 CA-CV 20-0188 (App. Div. I, August 26, 2021) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/CV20-0188%20-%20Grunwald%20OP.pdf HOSPITAL LIEN FOR ...
Torts: Common Law Claim for Invasion of Privacy, Right of Publicity & False Light Canas v. Bay Entertainment, LLC, No. 1 CA-CV 20-0127 (August 26, 2021) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/1%20CA-CV%2020-0127.pdf COMMON LAW TORTS OF RIGHT OF PUBLICITY, INVASION ...
Torts: Tortious Interference with Business Relationship/Liquidated Damages in Covenant Not to Compete Tortolita Veterinary Services, PC v. Rodden, No. 2 CA-CV 2020-0070 (App. Div. II, August 27, 2021) (J. Staring) https://www.appeals2.az.gov/decisions/CV20200070Opinion.pdf LIQUIDATED DAMAGES IN...
Public Records--A.R.S. § 39-121.02(B) Attys Fees & Costs to Records Seeker who “Substantially Prevailed” American Civil Liberties Union v. Arizona Dept. of Child Safety, No. CV 20-0030-PR (August 25, 2021) (J. Beane) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV200030PR.pdf A...
In a blow to General Motors' future plans, the automaker announced today that it has broadened a 2020 recall of its Chevy Bolt electric vehicle. GM is now recalling every single Bolt ever made. This expanded recall is due to a fire risk tied to faulty lithium ion batteries manufactured by LG. If ...
Best Lawyers 2022 Recognizes Ted Schmidt, Dev Sethi and Peter Akmajian.
Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability Rizzio v. Surpass Senior Living LLC, No. CV-20-0058-PR (August 17, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV2...
On Wednesday morning, August 11, 2021, a Tucson Unified School District bus was involved in a collision near Valencia Rd and Mountain Ave. Reports are that a pick up truck was also involved. Details of the crash remain unclear, but it has been confirmed that no students were on board at the time ...
Remember to stop when children are boarding and exiting a school bus! With school buses returning to our neighborhoods as school resumes, drivers should expect to wait when the bus's stop sign arm is extended while children are boarding and exiting the bus. That seems an obvious point, but Arizo...
Evidence/Medical Malpractice/Causation/Expert Witness Testimony Sampson v. Surgery Center of Peoria, No. CV-210-0024-PR (July 30, 2021) (J.Bolick) https://supremestateaz.granicus.com/player/clip/3145?view_id=11&redirect=true WHERE CAUSE OF DEATH IS DISPUTED IN MEDICAL MALPRACTICE CASE CAUSATION...
On July 30, 2021, the Arizona Supreme Court decided the case of Sampson v. Surgery Center of Peoria (No. CV-20-0024-PR) and held that for a plaintiff to prove a medical malpractice case it is generally required that the plaintiff present competent expert testimony on causation. The Supreme Court...
The TV series “Dr. Death” is airing on Peacock. It is based on a popular podcast of the same name. The show tells the tragic and true story of a dangerous, incompetent neurosurgeon in Texas who ends up severely injuring and even killing numerous patients. The protagonists are two doctors and a D...
After a slightly optimistic Spring and early Summer, where courthouse operations started to loosen and some normalcy teased on the horizon, COVID's Delta Variant and a scary increase in case numbers has shot us back into uncertainty and restriction. In fact, I was just sitting down to write a sum...
As cyclists gathered awaiting the start of Show Low's Bike the Bluff race, a driver behind the black Super Duty pick-up truck crashed into a group just heading out to ride. The crash sent eight riders to the hospital, and some required helicopter transport. Tragically, one of the injured riders d...
The short answer - YES. It's a major no-no. Electronics hold a deeply rooted place in our lives, even while we are sleeping. Researchers report that a majority of children, and a surprisingly high number of adults, admit to sleeping with a charging device in bed or under their pillow. Sleeping ...
Torts—Legislative Immunity Mesnard v.Campagnolo, No. CV20-0209-PR (June 30, 2021) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV200209PR.pdf THE SPEAKER OF THE HOUSEORDERING AN OUTSIDE LAW FIRM TO INVESTIGATE ALLEGED SEXUAL HARASSMENT CLAIMS AGAINST ANOTHE MEMBER OF...
The United States Supreme Court issued a win for the First Amendment today. In an 8-1 ruling, the Court declared that the First Amendment's freedom of speech provision allows public schools to punish for some off campus student speech, but the justices agreed that a teenage cheerleader's profanit...
Last week I posted on steps required to level the playing field in trucking cases. These collisions are different than a typical car crash, and require a special approach. Here is a video with more information.
