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Thursday, March 10, 2011

Case Law Updates

In Re MH 2008-000867, No. CV 09-0297-PR(Aug. 5, 2010) Vacating a Court of Appeals decision to the contrary, the Arizona Supreme Court held telephonic testimony of a required psychiatrist’s testimony does not violate the patient’s 14th Amendment right to due process.

In the Matter of the Estate of Roseann McGathy/Waldow vs. LaPorta, No. CV 10-0102PR (Dec. 2, 2010). The Arizona Supreme Court held decisions made by a trial court in a supervised probate are interlocutory in nature and no appeal may be taken until the final distribution of the estate. However, in an unsupervised probate, an order determining the rights in a formal proceeding is an appealable order.
Estate of Mary Winn vs. Plaza Healthcare Inc., No. CA-CV 09-0649, Arizona Court of Appeals, Division One, held that the loss of human life is not compensable under aAdult Protective Services Act claim for neglect or abuse, and the inherent value of a human life is not recoverable.

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