InjuryBoard Scottsdale Archives

• Three Trial Courts Hold Medical Malpractice Statute Unconstitutional

  Geoff Trachtenberg | August 31, 2007 8:54 AM | 0 Comments
  Category: Medical Malpractice

  In last few years, many states adopted protectionist legislation in favor of the medical industry. The legislation essentially puts up various barriers to bringing medical malpractice cases by, among other things, attempting to impose expensive and burdensome constraints on the way these types of cases are litigated.The medical lobbyists, of course, claim that the legislation is necessary to...

• Bell Atlantic v. Twombly: The Day "Notice Pleading" Died (Sort Of)

  Geoff Trachtenberg | August 29, 2007 2:20 PM | 0 Comments
  Category: Medical Malpractice

  On May 21, 2007, the U.S. Supreme Court handed down Bell Atlantic v. Twombly, 550 U.S. ___ (2007), announcing the "retirement" of the long-standing standard for dismissal of complaints articulated in Conley v. Gibson, 355 U.S. 41 (1957) - i.e., the standard that complaints should not be dismissed "unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his...

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

  Geoff Trachtenberg | August 28, 2007 2:16 PM | 0 Comments
  Category: Miscellaneous

  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 Comments
  Category: Automobile Accidents

  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...

• Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

  Geoff Trachtenberg | August 27, 2007 2:14 PM | 0 Comments
  Category: Wrongful Death

  New decision from Division One, Bohreer v. Erie Ins. Exch.. Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an agent for service of process and has not withdrawn such qualification or appointment, but has ceased doing business in the state prior to the acts underlying the complaint. The Court held...

• Dog Food Recalled Due to Salmonella

  Courtney Mills | August 22, 2007 11:38 AM | 0 Comments
  Category: Miscellaneous

  Mars Petcare has announced in tandem with the U.S. Food and Drug Administration that it is recalling its 'Red Flannel Adult Formula' dry dog food and its 'Krasdale Gravy' dry dog food. Mars Petcare has issued this recall because of a potential for the dog food to be contaminated with Salmonella.The FDA and Mars Petcare are under taking the recall as a precautionary measure after FDA...

• Rescue Crews Send Mike Down to Check on Miners

  Courtney Mills | August 10, 2007 11:28 AM | 0 Comments
  Category: Miscellaneous

  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...

• Man Paralyzed with Botulism Poisoning

  Jenny Albano | August 03, 2007 4:20 PM | 0 Comments
  Category: Miscellaneous

  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...