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Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file

Day on Torts

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59
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More On Powers of Attorney, Arbitration Agreements, and Wrongful Death

Day on Torts

Where the person who executed an arbitration agreement in connection with decedent’s admission to a nursing home had a power of attorney for decedent, but that power of attorney did not mention the ability to make health care decisions, the arbitration agreement was unenforceable. Code Ann. § internal citation omitted).

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Arizona appeals court blocks enforcement of 1901 abortion ban

JURIST

Eckerstrom agreed with Planned Parenthood that “Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes.” Eckerstrom said that, if the court would have allowed the 1901 ban to go into effect, healthcare providers, prosecuting agencies and the public would lack legal clarity on the issue of abortion.

Court 223
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Ohio grand jury declines to charge woman with abuse of corpse after at-home miscarriage

JURIST

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. A 2023 report by Care Post-Roe revealed that healthcare providers in states with abortion bans are unable to meet medical standards, putting their patients at risk.

Felony 249
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Texas Supreme Court denies abortion access to woman with pregnancy complications

JURIST

Before Cox could safely obtain the abortion, however, Texas Attorney General Ken Paxton asked the Supreme Court to block it. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban. Her health is on the line.

Court 211
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Texas Supreme Court places hold on lower court order allowing woman to obtain an abortion

JURIST

” The court did this after Texas Attorney General Ken Paxton submitted a Petition for Writ of Mandamus with the court in response to the TRO. This is why people should not need to beg for healthcare in a court of law. The Center for Reproductive Rights represents Cox in the case. We are talking about urgent medical care.

Court 211
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Changes in Power of Attorney Forms for New York State

Blumberg

Blumberg announces an important update to their New York State Power of Attorney Forms. This update complies with amendments to the Power of Attorney Statute that takes effect June 13, 2021. For over 100 years courts have relied on Blumberg Powers of Attorney forms. BlumbergExcelsior, Inc.,