Posts tagged legal

• I took Topamax during pregnancy and my baby was born with a birth defect: Do I have a case?

  Michael Monheit | June 02, 2011 8:11 AM | 1 CommentPhoenix, AZ Category: FDA & Prescription Drugs
  

  A legal case based on the use of Tropamax during pregnancy resulting in a birth defect is based on multiple factors. Two factors are mandatory: (1) Use of Topamax: For a case to be...

• Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable

  Geoff Trachtenberg | February 06, 2008 9:16 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs. Liens in the...

• Failure to Plead Sufficient Facts - The New Legal Malpractice?

  Geoff Trachtenberg | October 21, 2007 3:48 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  There's a new case out this week from Division Two, Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating from a substantive perspective, but it raises questions about potential legal malpractice exposure.In sum, Cullen filed a UIM claim based upon the fact that his family was given the right to...

• Legal Malpractice Statutes of Limitation - Tort and Contract

  Geoff Trachtenberg | October 18, 2007 7:56 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Interesting legal malpractice case from Division Two, Keonjian v. Olcott, dealing with the issue of when the statute of limitations begins to run and whether the tort or contract limitation period applies.The essence of the alleged malpractice was that the plaintiff got bad advice from her attorney concerning the deeding of some land that she co-owned with another party. The trial court had...

• Experts Not Allowed to Testify to the Percentage of Fault

  Geoff Trachtenberg | September 06, 2007 4:41 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  Division One just handed down Webb v. Omni Block, Inc., a clearly written opinion which decisively eliminates an expert's ability to testify as to the "percentage of fault" for any party or non-party.In Webb, defendant, Omni Block, hired an expert who testified as to the specific percentage of fault (or lack thereof) for various parties and non-parties. Judge Jones allowed this testimony and...

• Bell Atlantic v. Twombly: The Day "Notice Pleading" Died (Sort Of)

  Geoff Trachtenberg | August 29, 2007 2:20 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  On May 21, 2007, the U.S. Supreme Court handed down Bell Atlantic v. Twombly, 550 U.S. ___ (2007), announcing the "retirement" of the long-standing standard for dismissal of complaints articulated in Conley v. Gibson, 355 U.S. 41 (1957) - i.e., the standard that complaints should not be dismissed "unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his...

• Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

  Geoff Trachtenberg | August 27, 2007 2:14 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  New decision from Division One, Bohreer v. Erie Ins. Exch.. Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an agent for service of process and has not withdrawn such qualification or appointment, but has ceased doing business in the state prior to the acts underlying the complaint. The Court held...

• Lessons On What Not To Do When Prosecuting a Claim

  Geoff Trachtenberg | June 20, 2007 10:35 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  It was hard for me not to grin when reading the comedy of errors in Harris dba Angel Team Home Care, LLC v. Cochise Health Systems. In my view, it is a recipe legal malpractice.The suit arises from a dispute between a home health care company (Angel Team) and a division of the Cochise County Health and Social Services (CHS), and a CHS employee, Denise Pederson. Although the Court does not say...

• Court Holds Offer of Judgment Sanctions Include All Reasonable Expert Fees

  Geoff Trachtenberg | June 19, 2007 5:18 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Division One handed down Levy v. Alfaro today which holds that Rule 68 sanctions include all reasonable expert witness fees after the offer, not just those fees for testifying at trial. The decision is no surprise to those of us who regulaly try cases, but I suppose it is good to have it "clarified."

• Judicial Officers are Subject to the "De Facto Officer" Doctrine and Failure to Object to the Appointment of a Judge Pro Tempore is a Procedural Defect That Can Be Waived

  Geoff Trachtenberg | June 08, 2007 8:49 AM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Division One just handed down Garner v. Schindler, a short and sweet opinion on the nature of judges pro tempore (I am a judge pro tempore, by the way). In sum, the appellant had a probate dispute litigated before a judge pro tempore and, after the case was over, decided to raise (for the first time) hyper-technical defects in the judge's appointment.The Court of Appeals, awknoweldged that...