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May 2015

AMWT&C Proud Platinum Sponsor



Southern California Association for Healthcare Risk Management
(SCAHRM) 35th Annual Educational Conference
May 6-8 Rancho Mirage, CA

Join partners Scott McFall, Abbie Crist, Don Ornelas and associate Ann Norton at this conference that addresses enhancing patient safety, reducing risk and claims, and providing tools and risk management strategies to mitigate complex challenges in the healthcare industry.

For more information go to: http://www.cvent.com/events/scahrm-35th-annual-educational-conference/event-summary-f5aa267df73146049e4c6776460b5cdd.aspx






May 2015

Don Ornelas Featured Seminar Speaker



RSA Convention & Trade Show
May 10-13 Las Vegas, NV

Partner Don Ornelas discusses the latest risk management strategies, legal landmines, and avoiding lawsuits along with other IALDA attorneys at the 78th Annual Roller Skating Association International Convention and Trade Show.

Don is a member of IALDA, The International Amusement and Leisure Defense Association, a non-profit association of lawyers and other professionals who are actively engaged in representing the interests of the amusement and leisure industries.

For more information go to: http://www.rollerskating.com/pages/convention/50






December 2014

42nd Annual RPM Promoters Workshops Series, Western National Workshop, Eldorado Hotel Casino, Reno, Nevada December 3-5, 2014



Session: The Jury is Out
Accomplished motorsports attorneys and enduring supporters of short track racing, Cary Agajanian and Paul Tetreault take the stage to explain the implications of recent case law decisions.

Session: An Abundance of Caution
Cary Agajanian, Paul Tetreault, and Don Ornelas of AMWT&C are joined by Ron Bennett of Bennett, DiFilippo & Kurtzhalts. Widely recognized as the most experienced racing legal experts, these attorneys will counsel promoters and answer questions on the waiver and release, minor waivers, kids in the pits, zoning and regulation, sound issues, disagreements about tech and confiscation, intellectual property, and more.

For more information go to: http://promotersnewsletter.com






June 2014

Don Ornelas, Jr. Named 2014 Rising Star by Southern California Super Lawyers Magazine

 

For the second year running, AMWT&C is pleased to announce that Don Ornelas has been selected to the Southern California Rising Starts List. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Don was selected for his outstanding work in Civil Litigation Defense, Sports, Leisure and Entertainment, Personal Injury and Medical Malpractice Defense.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.






May 2014

Southern California Association for Healthcare Risk Management (SCAHRM) 34th Annual Educational Conference Rancho Mirage, May 7-9



The healthcare industry is changing at lightning speed with many moving pieces that create an abundance of new challenges for risk managers. Join Partner Scott McFall for this highly practical conference to address sound risk management strategies for these challenging times. For more information go to: www.scahrm.org






February 2014

41st Annual RPM Promoters Workshop Series Speedweek February 17&18, 2014

Date: Tuesday, February 18, 2014
Time: 10:00 -10:45 a.m.
Speakers: Cary Agajanian and Paul Tetreault
Session: : Workshops Legal Update: Renowned racing attorney and Auto Racing Promoter of the Year Cary Agajanian and Paul Tetreault of Agajanian, McFall, Weiss, Tetreault & Crist LLP, update promoters with RPM’s annual Workshops legal briefing on recent cases and case law decisions affecting motorsports.


Date: Tuesday, February 18, 2014
Time: 1:15 - 2:00 p.m.
Speakers:Cary Agajanian, Paul Tetreault, and Ron Bennett of Bennett, DiFilippo & Kurtzhalts, LLP.
Session: Workshops Risk Management Forum. Attorneys discuss the waiver and release, kids in the pits, zoning and regulation, sound issues, disagreements about tech, and more- an hour of pro bono legal advice for promoters.






December 2013

41st Annual RPM Promoters Workshops Series, Western National Workshop Eldorado Hotel Casino, Reno, Nevada December 5&6, 2013

Date: Friday, December 6, 2013
Time: 2:00 p.m.
Speakers: Attorneys Cary Agajanian and Paul Tetreault
Session: RPM Workshops Legal Update. Cary Agajanian, renowned racing attorney and Auto Racing Promoter of the Year teams with colleague Paul Tetreault to update promoters on recent case law decisions affecting motorsports.


Date: Friday, December 6, 2013
Time: 3:15 p.m.
Speakers: Attorneys Cary Agajanian, Paul Tetreault and Don Ornelas, of Agajanian, McFall, Weiss, Tetreault & Crist LLP, and Ronald Bennett of Bennett, Di Filippo and Kurtzhalts, LLP.
Session: RPM Workshops Risk Management Forum. This is the longest running, most popular and informative session of the RPM Workshops Series. Racing attorneys answer promoters’ questions on the waiver and release, kids in the pits, zoning and regulation, sound issues, disagreements about tech, we’ll cover it all. Join us for an hour of pro bono legal advice with attorneys who support the racing industry.


For more information go to: http://promotersnewsletter.com






May 2013

Cary Agajanian distinguished as one of "The 15 Most Influential Sports Agents" by Sports Illustrated.com



Cary Agajanian
Motorsports Management International Principal

Motorsports have become a multi-billion dollar industry largely through smart business strategies, devoted fans and compelling drivers. But don't discount the role played by agents and promoters who worked to guarantee that drivers and their teams received a fair share. The leading agent/manager/promoter/motorsports extraordinaire is Cary Agajanian, who's represented top IndyCar and NASCAR drivers -- including Tony Stewart and Matt Kenseth -- as well as every major motorsports sanctioning body in the U.S. Agajanian's negotiation skills worked to substantially increase base salaries for drivers and pushed the compensation of top drivers into eight figures.

For more information go to: http://sportsillustrated.cnn.com






May 2013

Join Don Ornelas as he presents Risk Management Strategies with IALDA at the Roller Skating Association International Convention and Trade Show. This year the RSA teams up with the Laser Tag Convention at the Silver Legacy Hotel and Casino in Reno, Nevada on May 5 -8.



For more information go to: http://www.rollerskating.com






May 2013

Southern California Association for Healthcare Risk Management (SCAHRM) 33rd Annual Educational Conference Rancho Mirage, May 8 -10



The theme for this year’s Annual Educational Conference is Risk Intelligence - Mission: Possible. With the number of emerging and seemingly impossible missions facing our healthcare industry today, at times our mission can seem: Impossible. Conference attendees will benefit from high-quality, relevant, and practical professional education to make the Mission: Possible.

For more information go to: www.scahrm.org






November 2012

40th Annual RPM Promoters Workshops Series, Western National Workshop Eldorado Hotel Casino, Reno, Nevada November 29 - December 1, 2012

Date: Friday, November 30, 2012
Time: 10:00 a.m.
Speakers: Cary Agajanian
Session: Crucial Cases for Consideration: Cary Agajanian, racing’s legal guardian and widely respected racing attorney, offers promoters his annual summary of sports-related case law. This session summarizes 2012 case law precedents for promoters, and is one of the RPM Workshops perennial favorites.


Date: Friday, November 30, 2012
Time: 10:45 a.m.
Speakers: Attorneys Paul Tetreault and Don Ornelas, of Agajanian, McFall, Weiss, Tetreault & Crist LLP, Don Anspaugh of Isaac, Wiles, Burkholder & Teeter, and Ronald Bennett of Bennett, Di Filippo and Kurtzhalts, LLP.
Session: Panoply of Pro-Bono Prescriptions: The Workshops risk management forum, which is the longest running, most popular and informative session. Racing attorneys answer promoters’ questions on the waiver and release, kids in the pits, zoning and regulation, sound issues, disagreements about tech, we’ll cover it all. Join us for an hour of pro bono legal advice with attorneys who support the racing industry.


For more information go to: http://promotersnewsletter.com






February 2012

38th Annual RPM Promoters Speedweek Workshops, Plaza Resort and Spa, Daytona Beach, Florida February 20-22, 2012

Date: Tuesday, February 21
Time: 10:30 a.m.
Session: Loquacious, Legal Lowdown for Laity

Speakers:
Cary Agajanian
Join racing’s legal guardian and most widely respected racing attorney, Cary Agajanian as he offers racing promoters his annual summary of sports related case law. This session is one of the RPM Workshops perennial favorites.

Date: Tuesday, February 21
Time: 4:30 p.m.
Session: Plentiful, Persuasive Pro Bono Prescriptions

Speakers:
Attorneys Paul Tetreault and Don Ornelas of Agajanian McFall, Weiss, Tetreault and Crist LLP, and Ronald Bennett of Bennett, Di Filippo and Kurtzhalts, LLP.

This is the Workshops risk management forum, the longest running, most popular and informative Workshop session in the PRM series. It comprises an hour of pro bono legal advice covering the waiver and release, kids in the pits, gross negligence, zoning and regulation, sound issues, disagreements about technology, and more.

For more information go to: http://promotersnewsletter.com






December 2011

38th Annual RPM Promoters Workshops Series Western National Workshop Eldorado Hotel Casino, Reno, Nevada December 5-7, 2011

Date: Monday, December 5, 2011
Time: 3:30 p.m.
Session: Loquacious, Legal Lowdown for Laity

Speakers:
Cary Agajanian
Join racing’s legal guardian and most widely respected racing attorney, Cary Agajanian as he offers racing promoters his annual summary of sport- related case law. This session is one of the RPM Workshops perennial favorites.

Date: Tuesday, December 6, 2011
Time: 9:00 a.m.
Session: Plentiful, Persuasive Pro Bono Prescriptions

Speakers:
Attorneys Paul Tetreault and Don Ornelas of Agajanian McFall, Weiss, Tetreault and Crist LLP, and Ronald Bennett of Bennett, Di Filippo and Kurtzhalts, LLP.

This is the Workshops risk management forum, the longest running, most popular and informative Workshop session in the PRM series. It comprises an hour of pro bono legal advice covering the waiver and release, kids in the pits, gross negligence, zoning and regulation, sound issues, disagreements about technology, and more.

For more information go to: http://promotersnewsletter.com






May 2011

14th Annual North American Contingency Association (NACA) Conference in Orlando, Florida May 17 – 19.

Date: May 19, 2011
Time: 10:15a.m. - 11:15 a.m.
Session 4: Risk and Insurance around Large Events
This seminar examines Identifying, controlling and underwriting risk on large events from a Risk Manager, Broker, Underwriter, Adjuster and Lawyer’s perspective.

Moderator:
Alan Hollingsworth – VP and Partner at HUB International

Speakers:
William Anthony- Attorney at Agajanian, McFall, Weiss, Tetreault & Crist LLP
Ernie Canfield- CEO at Engle Martin & Associates, Inc.
Tom Butler – VP and GM at K&K Canada Insurance
Howard Diamont- Adjuster at Focus International
Marlene Benoit- VP Promotions and Events Specialist at Marsh

For more information go to: www.nacaonline.com






April 2011

The Racing Attorney Conference (TRAC) has returned to the Racing Capital of the World.

Join Cary Agajanian and William Anthony on April 13-14 in Indianapolis, Indiana, home of the Indianapolis Motor Speedway, for an invaluable opportunity for education, development and networking with leaders in the motorsports industry. A wide array of legal education sessions will provide an in-depth analysis of current industry issues from attorneys at NASCAR and IndyCar, as well as legal and business representatives from related track promoters, teams, drivers, agents and sponsors. These racing industry leaders will address legal strategies and relate information and insight on topics such as risk management, sponsorship issues, financial considerations, diversity, contracts, media rights and licensing. For more information go to: www.racingattorneys.com






February 2011

38th Annual RPM Promoters Workshops Series Speedweek National Workshop Hilton Daytona Beach, Daytona Beach, Florida February 14-16

Date: Monday, February 14, 2011
Time: 2:45 p.m.
Session: RACE SAFE: Cary Agajanian Case Law Report
Cary Agajanian and Paul Tetreault offer racing promoters their annual summary of sports related case law. This session is one of the RPM Workshops perennial favorites.

Date: Tuesday, February 15, 2011
Time: 10:45 a.m.
Session: RACE SAFE: Risk Management Q&A
This is the longest running, most popular and informative Workshop session in the PRM series.
Attorneys Cary Agajanian, Don Ornelas and other guest attorneys answer racing promoters’ questions. The waiver and release, kids in the pits, gross negligence, zoning and regulation, sound issues, disagreements about technology, and more.

For more information go to: http://promotersnewsletter.com/






December 2010

38th Annual RPM Promoters Workshops Series Western National Workshop Eldorado Hotel Casino, Reno, Nevada December 2-4, 2010

Date: Thursday, December 2, 1010
Time: Afternoon Session
Session: RACE SAFE: Cary Agajanian Case Law Report
Cary Agajanian and Paul Tetreault offer racing promoters their annual summary of sports related case law. This session is one of the RPM Workshops perennial favorites

Date: Friday, December 3, 2010
Time: Morning Session
Session: RACE SAFE: Risk Management Q&A
This is the longest running, most popular and informative Workshop session in the PRM series.
Attorneys Cary Agajanian, Don Ornelas and other guest attorneys answer racing promoters’ questions. The waiver and release, kids in the pits, gross negligence, zoning and regulation, sound issues, disagreements about technology, and more.

For more information go to: http://promotersnewsletter.com/






January 2010

Agajanian attorneys answer racing promoter’s questions and discuss how case law changes from state to state regarding gross negligence, the waiver and release, and other risk management issues at the 37th Annual RPM Promoters Workshops Series.

Cary Agajanian, Paul Tetreault, Don Ornelas and William Anthony present “RACE SAFE: Risk Management Q&A”, and “RACE SAFE: Cary Agajanian Case Law Report,” the RPM Workshops most popular and longest running information sessions. Topics covered include the waiver and release, gross negligence, minors in the pits, and an annual summary of case law affecting race tracks, insurance, and the racing business.

The 37th Annual RPM Promoters Workshops Series kicks off December 3, 2009 at the Eldorado Hotel Casino, Reno, Nevada, and concludes during Speedweek, February 8-10, 2010, in Daytona, Florida.





December 2009
Cary Agajanian and Donald Ornelas Jr. advise Frost Motorsports, LLC, in acquiring the National Speedway Directory from Allan E. Brown. The deal includes Speedwaysonline.com and The History of America’s Speedways.

Read more about it here.



Partner Paul Tetreault and Associates Don Ornelas and Bill Anthony will discuss new developments in case law affecting race tracks, racing insurance, and the racing business at the 36th Annual RPM Promoters Workshops Series.

Paul and Don will address questions from racing promoters on December 4 in Reno, Nevada. During the Workshop Don will introduce Sports Risk Control, an alliance of legal experts who can address the issues of legal liability, risk management and insurance coverage in a variety of sports and sporting facilities.

Bill Anthony is slated to deliver remarks to racing promoters during Speedweek, February 9-11, 2009, in Lake Mary, Florida. The 36th Annual RPM Promoters Workshops Series kicks off December 4th at the Eldorado Hotel Casino, Reno, Nevada, and concludes in Florida during Speedweek in February 2009.




August 2008

Associate William D. Anthony was interviewed and quoted by the Insurance Journal as a "subject matter expert" in youth sports liability waivers. William explains the three basic aspects of liability agreements and discusses their purpose and the controversy surrounding their enforceability in youth sports.


Read more about it here.




March 2007
Managing Partner Cary Agajanian helped provide an overall summary of legal developments regarding recent court rulings on waiver and release and express assumption of the risk agreements to the Racing Promotion Monthly (“RPM”), an industry leading association serving motorsports facilities and promoters.

An article from RPM’s July newsletter on the current state of the law, and the direct potential impact on the motorsports industry, was based heavily upon both recent interviews with Mr. Agajanian and his contributions as part of a panel of legal experts speaking at RPM’s annual workshops.

Read more about it here.




July 2007

The Insurance Journal further consulted with Agajanian, McFall, Weiss, Tetreault & Crist with regard to the legal implication of the recent California Supreme Court’s decision regarding ‘gross negligence’ and the enforcement of waiver and release agreements (City of Santa Barbara v. Superior Court).

Read more about it here.



Partner Paul Tetreault was interviewed by the Santa Barbara Independent newspaper regarding the impact and implications of the California Supreme Court’s recent ruling regarding waiver and release agreements and ‘gross negligence’ (City of Santa Barbara v. Superior Court).

Read more about it here.




September 2007
Partner Abbie Crist leads a legal panel discussion for the San Joaquin-Sisters in Crime.

Abbie Crist led a legal panel discussion for the San Joaquin-Sisters in Crime (SinC) in Fresno, California. SinC is an international networking group for mystery authors and enthusiasts. Abbie was selected as an expert in the medical malpractice arena, and was invited to share case issues and facts that aspiring authors could use to concoct plots for their latest novels. Abbie shared the spotlight with a representative from the district attorneys office, who revealed the latest fraud schemes. SInC routinely invites experts in their field as featured speakers to contribute realistic details that can be woven into the mystery/thriller writers genre.




April 2007

AMWT&C quoted by the Insurance Journal, a leading national insurance trade journal, regarding an important waiver and release and express assumption of the risk case pending before the California Supreme Court. The firm is at the forefront of this developing situation, defending the sports and recreation industry.

Read more about it here.




July 2007

Cary Agajanian will be a featured speaker at the Texas Surplus Lines Association 2007 Mid-Year Meeting

Cary Agajanian has been asked to speak about sports and recreation liability issues at the 2007 Mid-Year Meeting of the Texas Surplus Lines Association which will be held at the Greenbrier in White Sulfur Springs, west Virginia from July 29, 2007 through August 1, 2007.




February 2007
Cary Agajanian will be a featured speaker at RPM Promoters Workshop

Cary Agajanian will be a featured speaker at the Thirty-Fourth Annual RPM Promoters Workshops Series, Speedweek National Workshop, produced by Racing Promotion Monthly taking place from February 12-14, 2007 in Lake Mary, Florida.   Cary’s presentation addresses legal developments and risk management issues facing the racing and sports industries. More than 1300 racetrack operators, their employees, and industry leaders are expected to attend this year’s three-day workshop.

For more information and registration materials contact RPM at (920) 294-0830, or on the World Wide Web at www.racingpromotionmonthly.net



November 2006
“Captain of the Ship” Doctrine Lives in California

The California Court of Appeals, Second District, recently issued an opinion that holds significant implications for medical facility operators and surgeons throughout the state. In Fields v. Yusuf (2006) 144 Cal.App.4th 1381 [51 Cal.Rptr.3d 277], a patient filed a medical malpractice action against a surgeon for injuries that she suffered from a sponge left in her leg during surgery. A jury verdict was entered in favor of the surgeon, and the plaintiff appealed. The Court of Appeal ultimately made three rulings, including: (1) the res ipsa loquitur doctrine was applicable; (2) the court’s failure to instruct that the surgeon had a nondelegable duty to remove sponges was prejudicial against the plaintiff; and (3) the trial court erred in failing to instruct the jury on the “captain of the ship doctrine.” The surgeon contended that the hospital nurses had the primary responsibility for conducting the sponge counts and communicating the results. Thus, he claimed that he did not have exclusive control (a required element for res ipsa loquitur) over that aspect of the surgery. The court disagreed, noting that the surgeon was in the room at all times. Further, even if the nurses had acted negligently, it did not relieve the surgeon of his obligation.

The surgeon also contended that he did not have the nondelegable duty to ensure that all sponges were removed before he closed the incision because the hospital had a specific protocol mandating that the nurses had the sole responsibility for conducting preoperative and surgical sponge counts. Again, however, the court disagreed, stating the surgeon had the power (and therefore the duty) to direct the nurses to count the sponges as part of his work in the opening and closing of the incision, and that it was his responsibility to see that such work was done. The surgeon could not relieve himself of liability by any custom or rule requiring the nurses to count the sponges. The court also clarified that a jury instruction regarding the “captain of the ship” doctrine should have been given, which imposes liability on a surgeon under the doctrine of respondeat superior for the acts of those under the surgeon's special supervision and control during the operation. The impact of this ruling is significant for both hospitals and surgeons. It increases the culpability of the surgeon for cases involving retained surgical sponges, and by extension, any retained foreign object. For hospitals, which have traditionally borne the “lion’s share” of the cost of settlements in this area, this decision is likely to bring another party to the negotiation table in cases where settlement is warranted.

 
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