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Category: Wrongful Death

In Duenas v. Life Care Centers of America, Inc., the Arizona Court of Appeals addressed the enforceability of arbitration agreements in litigation involving wrongful death claims …
In Duenas v. Life Care Centers of America, Inc., the Arizona Court of Appeals held that a decedent’s agreement to arbitrate cannot limit the heirs’ right to litigate their own personal claims and that when parties enter into a series of transactions, each… http://www.napierlawfirm.com/blog/2014/11/arbitrability-wrongful-death-and-other-tort-claims-against-nursing-homes/


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On a certified question from the Ninth Circuit Court of Appeals, the Arizona Supreme Court recently held that a default judgment entered pursuant to a Damron agreement does not pr…
In October 2014, the Arizona Supreme Court held that a Damron agreement "does not preclude litigation of whether coverage exists under the policy" but that "an insurer in a coverage action may not, in the guise of a coverage defense, litigate what are ess… http://www.napierlawfirm.com/blog/2014/11/preclusive-effect-damron-agreements-subsequent-litigation/


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