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Prelitigation Hearings in Medical Malpractice Cases

John Ray March 3, 2015

In Utah, medical malpractice tort reform began in earnest in 1976. Over the intervening years, the reforms have multiplied. New layers of limitations and procedural complexity have developed, seemingly by accretion. Almost nothing has been discarded. The result is a web of time-consuming requirements that a prospective claimant must successfully negotiate before ever filing a lawsuit. In 1976, a petitioner

The Perils of the Plea Deal in Assault Family Violence Cases

Sheridan Lewis February 12, 2015

There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate

The Truth About Verbal Acts

Amanda Lundergan January 21, 2015

The determination whether a statement should be excluded as hearsay was described by famed legal writer and scholar, Irving Younger, as a “thicket” and an “incredible mishmash of rules.” One area of hearsay analysis that is particularly thorny is referred to confusingly as verbal acts, verbal parts of an act, or the verbal act doctrine. Verbal Act According to Black’s

Sexual Exploitation of a Minor: A Basic Insight

Howard Snader January 6, 2015

Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image

Drug Enforcement Evaluation: Pseudoscience in DUI Cases Under Attack

Craig Rosenstein November 23, 2014

Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is

In Franchising, Who Is The Employer, Who Is The Employee, And What Does It Mean?

Rick Farrell October 27, 2014

Currently, the franchise industry is facing the question of whether the franchisor, the franchisee or both is the employer of those working at a franchise outlet. Of possibly greater significance is the question of whether a franchisee is actually an employee of the franchisor under the legal definitions of employee and independent contractor. The determination of these two questions will

Florida Supreme Court Curtails Medical Malpractice Defense

Robin Bresky October 7, 2014

In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient

Dallas’ Proposed Sex Offender Residency Restrictions Affects Juveniles Too!

Laura A. Peterson October 4, 2014

Why now? is the question that immediately springs to mind as the Dallas City Council considers residence restrictions for sex offenders. The laws providing for a sex offender registry passed in 1991 and for child safety zones in 1995. These laws apply to both adults and juveniles. In the last 20 years, no study has shown either to be effective

Implied Consent & the “No Refusal Weekend”

Sheridan Lewis October 4, 2014

Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few

Be Careful of Risks When Subleasing Real Estate

T. Bradley Fulkerson September 23, 2014

Subleasing real estate often looks like a good solution for growing companies to find short term space at below market rates. There are several inherent risks, however, for subtenants who agree to sublease space from a primary tenant (who becomes the sublessor) that’s in a precarious fiscal position. If the sublessor stops paying or files for bankruptcy, the sublease is

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