Higher Standard of Proof Required Regarding Any Claim of Medical Negligence in Emergency Room

In Stafford v. Burns, the Plaintiffs/Appellants argued that the superior court committed error by instructing the jury at trial that it could not find the Defendant doctor liable unless Plaintiffs provided “clear and convincing” evidence of medical negligence.  In a unanimous decision filed on January 17, 2017, the Arizona Court of Appeals disagreed with Plaintiffs and

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Public Employee is Protected by Claims Statute for Purported Defamatory Statements Made “Incidentally” to Such Employment

On December 20, 2016, the Arizona Court of Appeals handed down a decision affirming the superior court which dismissed a defamation action brought against the Vice Mayor of Flagstaff for failure of the Plaintiff to serve a preliminary claim against either the Vice Mayor or the Flagstaff City Counsel as required by A.R.S. Section 12-821.01.

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“Sexual Intent” is Not Required for Mandatory Registration of Person Convicted of False Imprisonment of a Minor

Although A.R.S. is commonly referred to as the statute requiring registration with the Sheriff’s Department of persons convicted of sexual offenses relating to minors, the registration requirement is not limited to crimes involving sexual intent according to the Arizona Court of Appeals in a case it decided (State v. Coleman) on November 22, 2016.  The

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Income Imputed to Unemployed Parent for Child Support Purposes

In a decision handed down on November 1, 2016, the Arizona Court of Appeals held that although a parent’s unemployment was not voluntary, income could be imputed to that parent for purposes of determining the amount of child support which should be payable to the other parent.  In Sherman v. Sherman, Father was inflicted with

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Court of Appeals Holds that Difficulty in Accessing Assets Does Not Render Them “Uncountable” for Determination of Rights to Medicare Benefits

On November 8, 2016, the Arizona Court of Appeals handed down its decision in McGovern v. AHCCCS.  In this case, McGovern was denied long-term benefits under the Arizona Long-Term Care System (“ALTCS”) by AHCCCS, which determined he had available assets in exceeding the threshhold for receiving such benefits.  McGovern appealed AHCCCS’ determination to the superior

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