InjuryBoard Scottsdale

Rescue efforts involving over a hundred of people in Huntington, Utah have lasted several torturous days as workers struggled to find trapped colleagues. Six miners were trapped 1,500 feet beneath collapsed rubble in a coal mine, the unfortunate result of a disastrous mining accident that occurred early Monday, August 6. The fate of the men has not yet been established.Early rescue efforts...

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A man in New Mexico was found to have botulism poisoning. State health officials are trying to figure out if the man ate any food that was included in the Castelberry's Food Co. recall.Castleberry's Food Company has recalled over 90 different brands of canned food and pet food because cans of hot dog chili sauce were found to contain the bacterium that causes botulism.The 52 year-old man, whose...

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Top World Health Organization (WHO) officials stated that China is not the only place that has food safety problems. The United Nations agency receives around 200 reports of contaminated food every month in its 193 states with membership."I have to say that food safety is a big problem for both developed and developing countries," said Margaret Chan, WHO director-general.China, where poorly...

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It was hard for me not to grin when reading the comedy of errors in Harris dba Angel Team Home Care, LLC v. Cochise Health Systems. In my view, it is a recipe legal malpractice.The suit arises from a dispute between a home health care company (Angel Team) and a division of the Cochise County Health and Social Services (CHS), and a CHS employee, Denise Pederson. Although the Court does not say...

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Division One handed down Levy v. Alfaro today which holds that Rule 68 sanctions include all reasonable expert witness fees after the offer, not just those fees for testifying at trial. The decision is no surprise to those of us who regulaly try cases, but I suppose it is good to have it "clarified."

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Division One just handed down Garner v. Schindler, a short and sweet opinion on the nature of judges pro tempore (I am a judge pro tempore, by the way). In sum, the appellant had a probate dispute litigated before a judge pro tempore and, after the case was over, decided to raise (for the first time) hyper-technical defects in the judge's appointment.The Court of Appeals, awknoweldged that...

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These are complicated times. It seems that, in addition to proving wrongful death, when the decedent is an unborn child, you had better be able to prove paternity as well.In the case, Aranda v. Cardenas, both the mother and her unborn child were apparently subject to fatal medical malpractice. The Defendants, however, disputed whether the unborn child's father was indeed the child's father,...

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Judge Kessler of Division One just handed down another one of his massive opinions (this is not a criticism, just an observation). He seems to be a prolific writer and, my guess, a prolific reader as well.The case, Dawson v. Withycombe, marks another important milestone in the development of Arizona's corporate law. It follows in the footsteps of Wells Fargo Bank v. Arizona Laborers, Teamsters...

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Frank Zappa said, "We are a nation of laws; badly written and randomly enforced." That's probably the way that Joe Burkhamer feels, having lost his daughter (and son-in-law) in tragic accident in 2003, and now having had his appeal dismissed in a published opinion from Division Two, Burkhamer v. State of Arizona, because two of the three Judges on the panel decided that the appeal was filed too...

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Real estate is one of this author's favorite "hobbies" of late -- call it schadenfreude, but the real estate roller coaster is at least as good as reality television, and better than Grey's Anatomy. As a result, it is not surprising that we should see more real estate cases come out of the woodwork, especially those related to foreclosure. Today Division One published Roberts v. Robert, which...

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