Guest guest Posted August 3, 2010 Report Share Posted August 3, 2010 _ARIZONA APPELLATE COURT DEFINES “OUTRAGEOUS! BEHAVIOR†AND THEN PROCEEDS TO PRACTICE IT, JUST LIKE THE SAN DIEGO COURTS HAVE ._ (http://katysexposure.wordpress.com/2010/08/03/arizona-appellate-court-defines-o\ utrageous-behavior-and-then-proceeds-to-practice-it-just-like-the-san-diego-cour\ ts-have-for-five-years-over-the-same-issues-fraud-in-health-marketing-by-the-us/\ ) The Appellate Court ruled in the Az Case involving infant deaths and a moldy apartment on July 27th. Within the ruling they spelled out what constitutes “Outrageous!†behavior (pg 33) while Outrageously! stating none of this type of behavior has occurred by the defense side in this case. According to the AZ Appellate Panel of three judges , “An action is ‘ extreme and outrageous’ if it ‘falls at the very extreme edge of the spectrum of possible conduct’ and goes ‘beyond all possible bounds of decency, [so as] to be regarded as atrocious[] and utterly intolerable in a civilized community.’ Watts v. Golden Age Nursing Home, 127 Ariz. 255, 257, 619 P.2d 1032, 1035 (1980) (citations omitted); see also Restatement (Second) of Torts § 46(1) cmt. d (1965)’ The Az Appellate Panel then proceeded to exhibit Outrageous! behavior by apparently pretending the irrefutable evidence of the fraud within the National Apartment Association political action committee (“NAA Pacâ€) Amicus submitted in the case does not exist. The submitted NAA Pac Amicus cited to the US Chamber’s “Scientific View†of environmental science as paid for to be penned by two of the defense experts in the same case the Az Appellate Panel is overseeing, _Kelman _ (http://freepdfhosting.com/1567c569fb.pdf) and (purportedly) _Robbins_ (http://freepdfhosting.com/64ff4f99a9.pdf) of VeriTox, Inc. When helping their NAA members, such as Wasatch Property Management in this case, avoid liability for tenant injury and even death, the NAA told this Az Appellate court via via their amicus that, “a panel of scientists..stated that years of intense study have failed to produce any causal connection between exposure to indoor mold and adverse health effectsâ€. They do this, with the assistance of the US Chamber of Commerce and the University of California names on their legal documents used to lend credibility to the false words. Yet, while misleading the courts that mold does not harm their tenants, the NAA blogs to its members of the true science, “..mold can cause major health problems and even death.†... Quote Link to comment Share on other sites More sharing options...
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