Even before this pandemic caused all the feelings that bring discomfort and raise concern, the modern world was already an extremely stressful place to live in. This is in large part due to worry over whether we are in control, making the right choice, out of the countless choices in front of us...
Tomorrow morning, March 19, 2020, the Pima County Board of Supervisors meets to vote on a special resolution declaring a State of Emergency. This resolution will close bars, gyms, and other venues of public gathering. It will also end sit down dining in restaurants, coffee shops, and food court...
A common question is whether business income/business interruption insurance coverage applies if a governmental authority requires a business to close in response to COVID-19 planning. As a business owner, you should review your policy and consult your agent, but the short answer is likely no. T...
As the Coronavirus (COVID-19) grips our State and Nation, the impact of the pandemic is felt across many aspects of society, including the legal system. The situation is ever-changing, day-by-day and hour-by-hour. As one might imagine, when public gatherings are banned or limited, legal proceed...
Federal Law Preempts Balance Billing Lien Statutes Ansley v. Banner Health Network, No. CV-19-0077-PR (March 9, 2020) J. Bolick https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190077PR.pdf ARIZONA STATUTES AUTHORIZING THE RECORDING OF LIENS AGAINST THIRD PARTY TORTFEASORS FOR HO...
Torts: Tribal Sovereign Immunity—“Subordinate Economic Organization” Hwal'Bay Ba: J Enterprises, Inc. v. Jantzen, No. CV 2018-00428 (February 25, 2010) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190123PR%20FILED.pdf ENTITY CLAIMING TRIBAL SOVEREIGN IMMUNITY AS A ...
Evidence Rule 609 Impeachment with Misdemeanor Conviction Brown v. Dembow, No. 1 CA-CV 19-0054 (App. Div. I, February 25, 2020) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV19-0054%20-%20Brown.pdf PRIOR CONVICTION THAT COULD BE DESIGNATED A FELONY BUT WAS ULTIMATELY D...
Auto liability insurance is required in Arizona. The mandatory minimum coverage is $15,000 per person/$25,000 per occurrence. Liability coverage protects you and your assets if your negligence causes a collision and injury to another person. If you purchase the state minimum, you are protected...
On February 20, 2020, The New York Times ran an editorial “Why are Nonprofit Hospitals so Highly Profitable?” Shockingly, this article explained that seven of the ten most profitable hospitals in American are “non-profit” hospitals. How can this be? In short, before 1969, for a hospital to be n...
Attorneys' Fees to Successful Party with Genuine Financial Obligation to Pay ARS § 12-341.01 Fields v. Elected Officials Retirement Plan,No. 1 CA-CV 18-0126 (App. Div. I, February 6, 2020) (J. Weinzweig) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2018-0126%20-%20Fields%2...
Pursuant Arizona statute, a plaintiff suing a hospital emergency medicine provider must prove the case by clear and convincing evidence. A.R.S. 12-572. The “clear and convincing” standard is a higher burden of proof than “preponderance of the evidence”, which is the normal standard of proof for...
As I stated last month, the focus of my column for the year 2020 will be the legal complexities of riding--and possibly falling off of--a rental scooter in 2020. Fortunately for consumers, a favorable opinion has already come down from the US Court of Appeals for the 9th Circuit in Wilson v. Huuu...
Civil Rights: 42 U.S.C. § 1983—Use of Excessive Force Tuuamalemalo v. Greene, No. 18-156665 (9th Cir. December 24, 2019) (J. Fletcher) https://law.justia.com/cases/federal/appellate-courts/ca9/18-15665/18-15665-2019-12-24.html USE OF CHOKE HOLD ON A NON-RESISTING RESTRAINED PERSON VIOLATES 4TH ...
Our first Newsletter of 2020 has been released! We cover the following topics: 'Before You Rent a Scooter, Protect Yourself Legally' by Matt Schmidt 'Why You Need a Real ID& How to Get Yours Before the Deadline' by Dev Sethi 'Black Boxes in Medicine & the Implications for Malpractice Cases...
Caridad Community Kitchen is a community meal program of the Community Food Bank of Southern Arizona. It provides meals for those in need, as well as a culinary and job skills training program for low-income or underemployed individuals. Our entire office was proud to spend the day volunteering...
As rental scooters across the country become the new hot thing, interpreting the legal contracts riders unknowingly "sign" when they hop on one has become an interesting phenomenon that will become a litigation battleground in the upcoming years (like Uber, but worse). My column for the next year...
As US health officials urge people not to use e-cigarettes, especially those containing THC, and as President Trump and the FDA weigh banning vaping products, the insurance marketplace has taken decisive action. Already health insurance underwriters have been categorizing vaping as essentially th...
Discovery—Unsealing Trade Secrets Subject to Protective Order Center for Auto Safety v. Goodyear Tire & Rubber Co., No. 1 CA-CV 18-0244 (App. Div. I, November 26, 2019) (J. Swann) ARIZONA RULE OF CIVIL PROCEDURE 5.4 and THE UNIFORM TRADE SECRET ACT PROTECT TRADE SECRETS EVEN IN THE FACE OF IMPO...
Real ID is coming. Make an appointment now to upgrade your drivers license or other state-issued ID to a federally compliant Arizona Travel ID to avoid travel nightmares in 2020. Beginning in October 2020, TSA will only accept IDs that comply with federal regulations for domestic air travel. Tim...
Arizona wrongful death claims are authorized by ARS 12-612. The jury is given broad discretion in deciding the appropriate measure of damages. The statute provides some guidance, "The jury shall give such damages as it deems fair and just...." Beyond that, it's left to the jury's wisdom. Case ...
A detailed report out from Fortune and Kaiser Health Network details a decade worth of failures and false starts in the growing and lucrative area of electronic medical records. The end result is that patients remain at risk of harm while their data sits on the sidelines and while special interes...
Breast augmentation is the most popular form of plastic surgery in the country. Recently, however, the Food and Drug Administration has decided to issue a boxed warning and is considering requiring a decision checklist--a list doctors must go over with their patients--due to increased findings of...
I have written previously about Johnson & Johnson Baby Powder and the claim that it causes certain types of cancer. Baby powder is made of talc, which is mined from the earth. The claim is that talc works its way into the body and can lead to cancer, often uterine cancer in women. In addition,...
Recently, an appellate court in Texas overruled a $9 million jury verdict in favor of an injured worker against a drilling company. The court ordered a new trial after finding the jury had access to an unredacted document showing that the defendant had $9 million in liability insurance coverage....
The NFL, college and high school football have begun to confront the problem of brain trauma. The NFL settled a massive lawsuit arising out of CTE (chronic traumatic encephalopathy). The settlement calls for a wide range of reforms and payments to NFL victims of CTE. In the meantime, the NCAA ...
