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• The Full Scope of Arizona's Wrongful Death Statute is Still Uncertain

  Geoff Trachtenberg | April 21, 2007 11:13 AM | 0 CommentsScottsdale, AZ

  Arizona's wrongful death statute still has some ambiguity. For example, ARS 12-612 permits a wrongful death claim to be brought "on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate." What does this last part mean?What damages can the estate recover in a statutory wrongful death action (as opposed to a statutory...

• Hurt? Injured? Need a Lawyer? Too Bad!

  Geoff Trachtenberg | April 17, 2007 9:07 PM | 0 CommentsScottsdale, AZ

  Two years ago, rich and powerful Texans said lawsuits were ruining the state's economy and needed to be fairer. Today, thanks to tort reform, they are fairer -- for business. Ordinary people are out of luck.by Mimi SwartzLIKE A LOT OF OLD-FASHIONED TEXANS, Alvin Berry is the kind of man who bears the pain and indignities of life with good grace. At 73, Alvin has never been a rich man, but in his...

• Arizona Considering Unconstitutional Changes to Compulsory Arbitration Procedure To Benefit Insurers

  Geoff Trachtenberg | April 06, 2007 2:26 PM | 0 CommentsScottsdale, AZ

  In the past I have written about the compulsory arbitration procedure in Arizona.Currently, there is a bill, SB1054, in the Arizona Legislature amending ARS 12-133, i.e., changing the mandatory arbitration procedure.While I could care less about the bulk of main charge of the amendment (i.e., to raise the permissible arbitration limits to $65,000 and modestly raise arbitrator pay), it also...

• Insurance: Negligent Infliction of Emotional Distress

  Geoff Trachtenberg | March 24, 2007 9:28 PM | 0 CommentsScottsdale, AZ

  Negligent infliction of emotional distress claims often arise where someone who is in the "zone of danger," i.e., subject to being injured, and they witness a family member's injury or death. Like most serious injury claims, limited insurance can present a barrier to recovery. Recently, however, the Arizona Court of Appeals held that a negligent infliction of emotional distress claim is...

• Wrongful Death and Negligent Loss of Frozen Embryos

  Geoff Trachtenberg | March 21, 2007 10:22 AM | 0 CommentsScottsdale, AZ

  Unlike most injury claims, wrongful death claims are created and governed by statute. Those statutes typically permit claims by certain family members for the negligent loss of a loved one or, in pure legal terms, a "person." But what qualifies as a "person" is subject to a great deal of political, philosophical and even legal debate.What about frozen embryos? They are genetically complete...

• Surgical Mishaps Prompt Crackdown on Office Surgeries

  Christina Cole | March 09, 2007 11:57 PM | 0 CommentsScottsdale, AZ

  Several surgical disasters - including the death of a Tucson attorney- has now prompted the state to crackdown on Doctor's performing surgeries in their offices.For the first time, doctors will need to have specific monitoring and emergency equipment, specialized staff training and inform patients of the potential risks of having surgery in an office - if the proposed rules from the Arizona...

• One Dead in Motorcycle vs 2-Car Accident

  Christina Cole | March 05, 2007 11:29 PM | 0 CommentsScottsdale, AZ

  One person is dead after a traffic accident involving a motorcycle and two vehicles on Monday morning on westbound Interstate 10, approximately 15 miles east of Scottsdale.The Arizona Department of Public safety says the accident involved a motorcycle and at least two other vehicles. One of the vehicles was rear-ended during a lane change. At this time there is no further information regarding...

• Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

  Geoff Trachtenberg | December 09, 2007 6:32 AM | 0 CommentsScottsdale, AZ

  Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack.This week, in State Farm Ins. Co. v. Premier Mfg. Sys. Inc., the Arizona Supreme Court held that, despite centuries-old common law "strict liability" in product liability cases, Arizona's...

• Court Blasts Sheriff's Office for "Arbitrary and Capricious" Action Against a Local Newspaper

  Geoff Trachtenberg | August 28, 2007 2:16 PM | 0 CommentsScottsdale, AZ

  Another new opinion from Division One, West Valley View v. Maricopa County Sheriff's Office, blasts the Marcopa County Sheriff's Office. In short, Sherriff Joe decided he did not like the coverage by the West Valley View, a local newspaper, so he eliminated the West Valley View from the electronic distribution list for press releases and refused to respond to public records requests or provide...

• Court Permits Hospitals to Charge "Maximum Rates" to Those Who Can Least Afford It

  Geoff Trachtenberg | August 27, 2007 2:43 PM | 0 CommentsScottsdale, AZ

  Division One just handed down Banner Health v. Medical Savings Ins. Co., a terrible opinion which deals with whether a hospital can charge a patient and its "non-network insurer" full billed amounts historically paid by only two percent of all patients. The answer, for now, is yes in a two-to-one decision.Incidentally, by "non-network insurer," I mean to refer to an insurer who has no agreement...