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Arizona Moves to Ban Wrongful Life and Wrongful Birth Lawsuits

On behalf of Israel & Gerity, PLLC posted in Medical malpractice on Tuesday, May 1, 2012

If signed by Governor Jan Brewer, Arizona would join nine other states in banning so called "wrongful birth" and "wrongful life" lawsuits. The bill has passed both houses of the state's legislature and is awaiting a decision by the governor.

In a wrongful birth lawsuit, parents allege that the doctor was negligent in his or her prenatal care by failing to diagnose or detect severe birth defects like Down's syndrome, cystic fibrosis or spina bifida, or failing to inform the parents that a severe birth defect was detected in prenatal testing. Parents often then argue that the pre-birth knowledge of the existence of a severe disability would have led them to abort the child.

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Tags: medical errors, medical malpractice

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Efforts to Emphasize Accountability in CSA Scores are Put in Park

On behalf of Israel & Gerity, PLLC posted in Motor Vehicle Safety on Friday, April 6, 2012

In an effort to improve safety in the trucking industry, the Federal Motor Carrier Safety Administration (FMCSA) began using a new compliance program in 2010 - Compliance, Safety, Accountability (CSA). The CSA program is intended to lower the number of trucking accidents and resulting injuries and deaths by allowing the FMCSA and other authorities to address safety issues before accidents occur.

One way that CSA is intended to improve safety is by utilizing accident statistics to identify truckers or trucking companies which may be experiencing performance issues, including issues that may increase the risk of truck accidents. This data is then used to determine a CSA score. However, many within the trucking industry have taken issue with this measurement, as the CSA takes into account data which details accidents in which the driver is at-fault, as well as accidents in which the driver is not at-fault.

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Tags: motor vehicle accidents, trucking safety

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Your Guide to Business Entities in Arizona

On behalf of Israel & Gerity, PLLC posted in Business Law on Monday, March 12, 2012

Small businesses make up 97 percent of Arizona business entities and are the state's largest employer. The state's commitment to small business and new ventures makes Arizona a great place for business formation.

One of the hardest decisions facing entrepreneurs is what kind of business entity to form. Would your business make a good sole proprietorship, corporation, partnership or limited liability corporation (LLC)?

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Tags: business formation, business law

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Patents Under the New "America Invents Act"

On behalf of Israel & Gerity, PLLC posted in Intellectual property on Tuesday, November 1, 2011

In September 2011, President Obama signed the America Invents Act (AIA) into law, effectively reforming the patent system in the U.S. Many agreed that the patent system in the U.S. was out of date and needed updating. However, not everyone agrees that the new law is the best way of doing so. Those seeking to file or protect patents need to understand the details of the new AIA and some tips for filing and protecting from patent infringement in the future.

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Tags: intellectual property, patent infringement

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Construction defects: Important Arizona homeowner warranty rights

By Kyle Israel posted in construction defects on Thursday, October 20, 2011

As someone who has practiced construction law for nearly two decades, I routinely receive calls from homeowners who live in homes that are just over two years old where the builder refuses to fix shoddy construction also referred to as "construciton defects". Typically, the homeowner has contacted the builder, only to be told "we're sorry, your two-year warranty has run out." Thankfully, not all homeowners stop there.

Arizona law imposes a homebuilder "implied" warranty that can not be shortened or waived. It is six years frm the date you discover the problem or eight years maximum. There is also a ninth year if damage is discovered during the eighth year.

Keep the implied warranty in mind when deciding your rrights concerning defective construction. Definitely have a construction expert inspect your home before these deadlines run out. We can arrange such an expert inspection in certain cases.

The six year period is known as the staute of limitations. The eight year period is known as the statute of repose. Keep in mind that these periods are not affected by either the homebuilder's written warranty or the Registrar of Contractor's shorter claims limitation period.

http://www.ig-law.com/Construction-Defects.shtml

Tags: construction defect, implied warranty, statute of limitations, statute of repose, warranty

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Infections and Medical Malpractice: New Standards for Treating Sepsis?

On behalf of Israel & Gerity, PLLC posted in Medical malpractice on Tuesday, October 11, 2011

The risk of sustaining an infection in a hospital or other medical facility can present tremendous challenges for a patient recovering from illness, surgery or a serious injury. In the same way that surgical errors, failures to diagnose and medication errors can lead to medical malpractice claims, negligence by physicians, nurses and other staff that causes serious infections can be the basis of legal action.

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Tags: failure to diagnose, medical malpractice, negligence

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Welcome to Our Phoenix, Arizona, Civil Litigation Blog

On behalf of Israel & Gerity, PLLC on Wednesday, August 10, 2011

When you face an important legal challenge, a skilled, insightful lawyer can be of great assistance and protect your rights. The Arizona and federal legal systems can be intimidating, with unique rules and languages of their own. An attorney who understands the relevant laws and processes can help you evaluate all your options and make the soundest possible decisions.

At the law firm of Israel & Gerity, PLLC, in Phoenix, we assist businesses and individual clients throughout Arizona with a wide range of legal issues, ranging from personal injury claims to intellectual property registration and litigation.

Contact our office by e-mail or call us at 602-639-4696 to discuss your needs and goals with an attorney.

Our Arizona Civil Litigation Blog

We established this blog to provide valuable information to people in the Phoenix area, across Arizona and nationwide. We will post entries on a wide range of legal topics, including auto accidents, medical malpractice, insurance disputes, business formation and litigation, and copyright/trademark law.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

It's important to note that the stories and cases reported on this blog are not meant to implicitly or explicitly depict cases actively handled by our firm. In most cases, the blog will simply cover cases similar to those we are interested in handling.

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