ADOI Litigation Page

ACS RETAINS LEADING COURT OF APPEALS ATTORNEY DAVID ABNEY TO LITIGATE ADOI LAWSUIT AND ACS RELEASES DRAFT OF LAWSUIT -- David Abney has impeccable credentials

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On 10/19/10, ACS met with and retained the lead lawyer in the lawsuit against ADOI. His name is David Abney and he has vast experience in handling cases that move beyond the Superior Court level and on to the Court of Appeals and Arizona Supreme Court. ACS has thoroughly explained in members' only emails that the party which loses in Superior Court will appeal and so it is essential that we have an attorney who knows how to handle cases in the higher courts. It is for this reason that we have chosen Mr. Abney, widely regarded as the best Court of Appeals attorney in Arizona.

Mr. Abney decided that he only needs one chiropractor with one patient who has paid the discriminatory copay and filed a complaint with ADOI. ACS has the doctor selected and he has already had patients file complaints with ADOI. Mr. Abney has now drafted the lawsuit and is ready to file now since ADOI has responded with their standard letter stating they believe the discriminatory copay for chiropractic is legal and so will take no action. The lawsuit will be filed very soon.

Below you will find a reprint from part of Mr. Abney's webpage. He is now fighting for the entire chiropractic profession and so we wanted to introduce him to you. For more information, go to his webpage at http://www.krattorneysautoaccident.com/Bio/DavidAbney.asp. Based on our research, he is literally the best Court of Appeals attorney in Arizona. We would not settle for anything less. This cause is just too important to all of us. Read the details and you will see why we made this choice.

It is the generous contributions of ACS members over just a two month period of time that made it possible to hire an attorney of this caliber and draft this lawsuit. What about the rest of you? This is your fight too. Join ACS now and help. Or you can make a donation in any amount. Don't leave funding of this lawsuit just in the hands of ACS members. That would not be fair. Your future is on the line too. We are fighting for every chiropractic patient and every chiropractor in Arizona, not just ACS members and their patients. Every Arizona DC should be supporting this lawsuit, and the time is now, not tomorrow.

David Abney Biography

David L. Abney specializes in civil litigation and in significant civil appeals. He clerked for three years for Arizona Supreme Court Chief Justice Stanley G. Feldman, has argued scores of state and federal appeals, has written hundreds of appellate briefs, and has authored over 50 legal articles. Mr. Abney has been instrumental in winning many landmark appeals. Some of those are:

  • Estate of DeSela v. Prescott Unified School Dist. No. 1, 224 Ariz. 202, 228 P.3d 938 (App. 2010) (establishing the right of a child to recover for the cost of collision-related medical expenses).
  • Quintero v. Rodgers, 221 Ariz. 536, 212 P.3d 874 (App. 2009), review denied (Sept. 22, 2009) (establishing the right to recover punitive damages against a reckless driver).
  • Carbajal v. Industrial Commission, 221 Ariz. 1, 219 P.3d 211(2009) (establishing the right of a wife to government payments for providing essential services for her disabled husband).
  • Bailey-Null v. ValueOptions, 221 Ariz. 63, 209 P.3d 1059 (App. 2009) (confirming the right of an abused patient to recover damages for that abuse through a trial-court action).
  • Backus v. State, 220 Ariz. 101, 203 P.3d 499 (2009) (setting proper methods for claiming damages against a public entity).
  • City of Phoenix v. Fields, 219 Ariz. 568, 201 P.2d 529 (2009) (providing for the right to make a class-action claim against a public entity).
  • Havasupai Tribe of Havasupai Reservation v. Arizona Board of Regents, 220 Ariz. 214, 204 P.3d 1063 (App. 2008), review denied (April 20, 2009) (vindicating the right of the Havasupai Tribe to sue for harm inflicted against tribal members by Arizona State University).
  • Lee v. State, 218 Ariz. 235, 182 P.3d 1169 (2008) (establishing ways to serve a notice of claim on a public entity).
  • Sonoran Desert Investigations, Inc. v. Miller, 213 Ariz. 274, 141 P.3d 754 (App. 2006) (establishing the right to sue for a wrongful death caused by a private security company).
  • Phelps v. Firebird Raceway, Inc., 210 Ariz. 403, 111 P.3d 1003 (2005) (establishing that the validity of a release or a waiver will always be a question for the juryand not for the judge).
  • Petersen v. City of Mesa, 207 Ariz. 35, 63 P.3d 35 (2004), cert. denied, 543 U.S. 814 (2004) (requiring a fire department to prove a need for a random urinalysis program).
  • Arizona Department of Revenue v. Dougherty, 200 Ariz. 515, 29 P.3d 862 (2001) (winning an appeal resulting in tax refunds of several hundred million dollars for Arizona military veterans).
  • Valencia Energy Co. v. Arizona Department of Revenue, 191 Ariz. 565, 959 P.2d 1256 (1998) (overturning sixty years of precedent that had given immunity to tax officials for their misstatements to taxpayers).

For more information about Mr. Abney, go to www.krattorneysautoaccident.com/Bio/DavidAbney.asp. To see a copy of the first draft of the ADOI lawsuit, click here for a copy.


WOULD YOU LIKE TO GET LAWSUIT BREAKING NEWS IN REAL TIME?

It's easy, and one level of emailed breaking news from ACS is completely free. Just go to the ACS webpage at www.AZChiropractors.org or click here on Join Our Mailing List and you will get the ACS monthly newsletter and some mid-month updates. To get all of the mid-month updates which sometimes come every day, you must be a member. Join now by clicking here. Members get emails every time there is any update in the litigation, along with copies of all legal documents filed. Members also have the satisfaction of knowing they are part of the team that is making this lawsuit possible. They are part of the solution as opposed to being bystanders, letting their colleagues carry the load for them.

COPIES OF ALL COURT FILINGS IN ADOI LAWSUIT

1. Original lawsuit filed by plaintiffs against the Arizona Department of Insurance (ADOI): Blankenbaker v. Urias CV2011093099

2. ADOI's initial response to Plaintiff's first filing: Defendants Motion to Dismiss 04-19-11

3. Plaintiffs' response to ADOI's motion to dismiss lawsuit: Plaintiffs Response to Defendants Motion to Dismiss

4. The lawsuit was heard in Maricopa County Superior Court and this is fhe full transcript of the hearing: Transcript -- Oral Argument -- 21 Jul 2011 -- Blankenbaker

5. Superior Court Judge's Ruling on Motion to Dismiss: Ruling on Motion to Dismiss MEO -- 22 Jul 2011 filed 27 Jul 2011. Judge ruled to dismiss lawsuit and so plaintiffs filed appeal with Arizona Court of Appeals.

6. Plaintiffs file initial brief with Arizona Court of Appeals: Plaintiffs' Court of Appeals Opening Brief -- 09 Nov 2011 -- Blankenbaker v. Urias

7. ADOI files answer to brief filed by Plaintiffs in Arizona Court of Appeals: ADOI Answering Brief -- 26 Jan 2012 -- Blankenbaker v. Urias

8. Plaintiffs file response to ADOI brief in Arizona Court of Appeals: Plaintiffs' Court of Appeals Reply Brief 02-21-12

9. Plaintiffs lose ADOI lawsuit in Blankenbaker v. Marks as Court of Appeals rules ADOI has the discretion not to enforce chiropractic insurance equality law if it so chooses. Click here to read the full opinion.

10. Appeal filed 04/30/13 with Arizona Supreme Court to overturn Court of Appeals decision. Plaintiffs reject decision that ADOI has "no duty" to enforce the law. Read full pleading by clicking here.

11. ADOI files response brief with Arizona Supreme Court on 07/03/13 claiming that the Director has full discretion not to enforce the chiropractic insurance equality law. Click here to read the brief. The Court will decide in about 1-3 months whether or not to hear the case.

12. Arizona Supreme Court denies review of Court of Appeals decision in ADOI lawsuit and so the decision will stand. ADOI does not have to enforce the insurance equality law even if there are clear violations. ACS will respond by trying to legislatively move the insurance equality law outside of the jurisdiction of ADOI so that anyone can take legal action to enforce violations. Read the Supreme Court's ruling by clicking here.

 

THE AAC POSITION ON THE ACS ADOI LITIGATION

The AAC originally stated that it would not take a position on the ACS ADOI lawsuit until it saw a copy of the actual lawsuit. Two months after being supplied with a copy of the lawsuit, the AAC remains silent and refuses to take a position.

The AAC is caught in a Catch-22. It knows the ACS ADOI lawsuit is the right course to take, however the AAC has too few members and too little money to help support it. If the AAC were to announce support for the lawsuit, it would essentially be announcing support for ACS. The AAC would rather weaken support for the lawsuit than throw any support towards ACS, even though the lawsuit is the only solution to the copay and ASH problems.

The AAC knows that throwing support towards ACS and its lawsuit would probably lead to the demise of the AAC. The AAC is more concerned about the survival of the AAC than it is concerned about the survival of the profession.

To date, the only course of action the AAC has taken to deal with the ASH crisis is to offer to train doctors in record keeping and documentation. The AAC is spreading the illusion that better documentation will cause ASH to allow coverage for all reasonable and necessary chiropractic care. ACS adamantly opposes this position and believes that regardless of documentation, ASH will refuse in many cases to cover all reasonable and necessary chiropractic care. Therefore, ACS does not believe that improved documentation is the solution to the ASH crisis. In fact, ACS believes that such a proposed solution is truly absurd.

ACS now has the legal opinions of Frederick Berry, Jr. and David Abney and many other attorneys to support the validity of our legal approach. The fact is that only ACS has a viable plan with any hope of success to deal with the discriminatory copays and deductibles and ASH violations of the law. We ask the entire profession to come together and support the ACS lawsuit. The time has come to do what is right, rational and logical. The survival of your practice is at stake. Make the right decision for your practice and patients.