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On Demand

Adult Protective Services Act (APSA) Litigation


Total Credits: 2.5 CLE, 2.5 Personal Injury and Wrongful Death Litigation Specialization

Average Rating:
   13
Categories:
Personal Injury Law |  Litigation |  Mental Health and Elder Law
Faculty:
Lisa M Kimmel |  James W Kaucher |  Amy P Hernandez
Format:
Audio and Video
Original Program Date:
May 29, 2024


Description

This seminar features experienced plaintiff and defense lawyers who will discuss some of the issues that commonly arise in APSA litigation.  It is intended to inform  those who regularly practice in this area, as well as those who occasionally handle an APSA case.  It will discuss some of the relevant case law, some of the practical aspects of litigating an APSA case, and some suggestions for litigating APSA claims in an effective and efficient manner.

Topics to be discussed include: 

  • Vicarious liability claims: apparent agency and enterprise liability.
  • Expert qualification.
  • The impact of A.R.S. § 12-516 on APSA claims.
  • Is there a right to a jury trial in an APSA-only case?
  • Punitive damages in APSA cases: does Swift Transportation limit or tacitly overrule Select Specialty?
  • Claims for medical expenses in APSA claims in which the estate is the plaintiff.
  • The importance of having the Medicare lien information early in the case.
  • Mediation issues – from the plaintiff and the defense perspective.
  • Common discovery issues -- and how to minimize needless discovery disputes.
  • Discovery strategy, from the plaintiff and the defense perspective.
  • The effect of Windhurst on APSA claims.
  • Who is a “vulnerable adult” pursuant to APSA?

Chair: 
Amy Hernandez, Hernandez Linton Law, PLLC

Faculty: 
James Kaucher, Gust Rosenfeld P.L.C. 
Lisa Kimmel, Goldberg & Osborne

Handouts

Faculty

Lisa M Kimmel Related Seminars and Products

attorney

Goldberg & Osborne


Lisa Kimmel has worked for and been a partner in a number of law firms during her 30-year career, most recently returning to Goldberg & Osborne as a Managing Attorney of four offices in Southern Arizona where she continues to represent clients with personal injuries. Mrs. Kimmel graduated from Greater Hartford Community College with an Associates Degree and University of Hartford with a B.A. in politics and government. She next graduated from the University of San Diego in 1990 with a JD. Since then, Ms. Kimmel has practiced in Connecticut and Arizona, and currently practices in Tucson, Arizona. She holds licenses in the State of Arizona, District Court of Arizona, Ninth Circuit Court of Appeals, and the White Mountain Apache Tribal Court. Ms. Kimmel is a Certified Specialist in Personal Injury and Wrongful Death by the Arizona State Bar. Her focus during the last 28 years has been in personal injury representing consumers and vulnerable people including children and elderly. A wide variety of personal injury cases are handled by Ms. Kimmel including motor vehicle collisions, premises liability, nursing negligence, and medical malpractice. Ms. Kimmel has successfully arbitrated and tried cases including complex and wrongful death cases, and has litigated appellate cases resulting in 4 published opinions in favor of plaintiffs—one specifically on APSA, one on arbitration agreements in a nursing home case and the other on patient-physician privilege in wrongful death litigation. Volunteering is important to Ms. Kimmel and she volunteers as a board member on local non-profit organizations that focus on helping the elderly and indigent in our society. Ms. Kimmel has two children. In her spare time, she loves to watch football, travel, golf, and spend time with her husband and their loving pets.


James W Kaucher Related Seminars and Products

Gust Rosenfeld PLC


Jim Kaucher graduated with distinction with a Bachelor’s degree in economics from the University of Colorado in 1980. While there, he was elected to Phi Beta Kappa. He graduated from the University of Illinois College of Law in 1983. In law school, he was Articles Editor of the University of Illinois Law Review, a Harno Fellow, and a Rickert Scholar. He is a partner in the Arizona law firm Gust Rosenfeld, PLC. He is the managing partner of the firm’s Tucson office and serves on the firm’s Executive Committee. His practice consists of health care litigation, employment law, and general civil litigation. He has published and lectured extensively on medical-legal issues and on employment law. He is co-author of one and sole author of three employment law chapters of the 2024 edition of the ARIZONA BUSINESS LAW DESK BOOK. He is listed as AV Preeminent by Martindale Hubbell, he was named “Best of the Best” in health care law by the Arizona Business Magazine, and he is listed in BEST LAWYERS IN AMERICA in professional liability defense and health care litigation. In his spare time (what little he has), he likes to ride his motorcycle, train in Krav Maga, and spoil his grandson.


Amy P Hernandez Related Seminars and Products

Owner


Amy Hernandez received her law degree in 2003 from Drake University (with Honors). After law school she served as a law clerk at the Arizona Court of Appeals. Ms. Hernandez has served on the Civil Practice & Procedure Committee for the State Bar of Arizona and as the Chair of the State Bar Trial Practice Section. She is a former member of the Morris K. Udall Inn of Court and a former board member for the Arizona Association of Justice. Ms. Hernandez served in the United States Army from 1996 - 2000 as a military intelligence analyst. Ms. Hernandez owns Hernandez Linton Law, PLLC where she focuses her practice on plaintiff’s medical malpractice, legal malpractice, and general personal injury.


Reviews

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3
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1

Overall:      4.9

Total Reviews: 13

Comments

Shirley S

"I was completely in the dark on the technical issues surrounding the statutory claims. This was very clear and well-organized. Loved the discussions of electronic records!"

Kelly L

"Content and delivery were both great."

Teresa G

"All three speakers were very enjoyable to listen to and knowledgeable"

Steven C

"This presentation was informative and well presented - good information "

Virginia C

"The handout materials were very helpful but I appreciated that the speakers did not stick to them strictly and provided additional insights."

J T

"All 3 presenters know their stuff and deliver. On point, direct and comprehensive. said it all with as few words as possible."

Kathleen L

"This is one of the best CLE's I've attended. The presenters were articulate and really discussed the issues and were open to other's perspectives"

Emery L

"they were right on point and moved the material along"

Jeffrey W

"I thought the program was good, but not great."

Theodore J

"Very informative; Excellent practical advice from both sides"