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Please help us ensure that America’s seniors living in nursing homes and assisted living facilities don’t have to give up their constitutional rights, by signing an important petition today. There is fine print buried in nursing home admissions contracts requiring arbitration, that is depriving nursing home residents and their families of their rights. The nursing homes, if they even bother to point out this clause at all, will often tell the families that this language is there to...

August 28, 2015

Our firm is proud to have become a supporter of Rancho Feliz Charitable Foundation through sponsoring the education of two children in the border town of Agua Prieta, Sonora, just the other side of the line from Douglas, Arizona. Rancho Feliz is not simply a charity which collects money and passively donates it; rather, Rancho Feliz is actively involved in changing lives through educational and neighborhood projects. These projects bring Americans to the other side of the border to...

August 21, 2015

In our elder abuse practice, clients often come to us with a complaint about a nursing home or assisted living facility, not realizing the severity of the neglect and abuse that their loved ones have suffered.  Unable to protect themselves, seniors and the elderly fall victim to over-worked caregivers and profit-driven nursing homes.    According to the statistics, more than half a million reports of elder abuse are reported to authorities each year in America, and millions...

July 01, 2015

The recent settlement by the NFL of a class action suit regarding concussions and football has focused attention, once again, on the links between traumatic brain injury (TBI) and all manner of serious, degenerative neurological problems. Our firm sees people every day who have suffered brain injuries due to the negligent act of someone else, and some of our clients have had symptoms that rival the worst NFL cases that have been spotlighted in the news coverage.TBI can lead to problems as...

April 28, 2015

The United States Department of Justice has filed a Complaint against HCR ManorCare, Inc., one of the country's largest nursing home chains, following a lengthy civil investigation for deceptive Medicare billing practices.  The DOJ’s investigation began after three separate lawsuits were filed by former employees of ManorCare in Ohio and Virginia, each alleging that the company was providing, and billing for, unnecessary and unreasonable therapy services.  The DOJ has alleged that...

April 22, 2015

For years, healthcare and nursing home corporations have been allowed to lie, cheat, and steal from healthcare patients, evading crucial consumer protections laws, without ever being held accountable.  By hiding arbitration provisions in applications and admission documents, businesses are allowed to bypass the court system, denying people their constitutional right to go to trial, and frequently prevent consumers from having a grievance or claim adequately addressed.   Forced...

March 25, 2015

Arizona legislative efforts to reduce construction worker safety have been rejected by OSHA, and residential contractors must now utilize federal OSHA standards, which require, among other things, fall protection above six feet. The Home Builders  Association of Central Arizona had argued that requiring such fall protection was itself unsafe because residential construction uses wood, which might not provide a secure tie off point for harnesses. The industry group doesn’t, however,...

March 03, 2015

No one, whether they are the plaintiff or the defendant, wants to be involved in a lawsuit if they can avoid it. But sometimes there is no other way to resolve a dispute. And, if you must go to court, every litigant wants resolution to come sooner rather than later. Centuries after they were first penned, the words “justice delayed is justice denied” are as true as ever. That is why we at MWK are so appreciative of the way our local superior court serves the citizens so well.The Maricopa...

February 26, 2015

Shouldn’t surfing Facebook while you drive be against the law? “Heck no!” says the leadership in our state legislature. As we have detailed in earlier blogs (Driving and Cell Phone Use and Don't Text This), there are exactly two states with no legislation regulating cell phone use while driving: Arizona and Montana. And this political resistance is apparently so entrenched that legislative leaders will not put forward any bill that bans all forms of texting while driving. Every year...

February 17, 2015

Recent actions by the Federal Motor Carrier Safety Administration have left a few folks scratching their heads.  Two initiatives, launched in the past three months, seem to be designed to achieve somewhat contradictory ends.  First, an appropriations bill enacted in December contained changes to the federal Hours of Service regulations that control how long a trucker is allowed to drive before stopping for rest. These changes, approved by the FMCSA, were widely viewed as increasing...

February 09, 2015

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