All Topics

• Car Accidents: Statistics and Safety Tips

  Lauren Kay | October 27, 2009 10:04 PM | 1 CommentChandler, AZ

  No matter where you live, or how old you are, you or someone you love have probably been affected by a car accident. In fact, in any given 5-year period, 25% of drivers are directly involved in a...

• Car Accident Preparation: Your Best Defense

  Christy Thompson | November 08, 2009 2:24 AM | 1 CommentChandler, AZ

  When you've been in a bad car accident, there's plenty to handle that seems so overwhelming. Before talking to insurance companies or engaging legal counsel, there are a few things to consider...

• States Incentivized to Ban Texting While Driving

  Christy Thompson | November 04, 2009 7:27 PM | 0 CommentsChandler, AZ

  Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while...

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

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

  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...

• Insurance Company Profits to Top Sixty Billion

  Staff Writer | October 20, 2006 10:47 PM | 0 CommentsPhoenix, AZ

  The other day, I discussed the topic of increasing health insurance premiums across the country. I mentioned that perhaps we all should consider investing in health insurance companies because premiums and profits have been rising at a faster rate than claims payouts. Well it turns out that health insurance companies are not the only successful insurance producer. According to the New York...

• Defamation, Intentional Infliction of Emotional Distress and the Relationship of Larry Flynt and Jerry Falwell

  Geoff Trachtenberg | May 16, 2007 3:46 PM | 0 CommentsScottsdale, AZ

  I often get asked about defamation suits and whether they are viable. Every time I deal with the issue I explain that the close cousin of defamation is intentional infliction of emotional distress and that both present difficult challenges. While defamation liability can be established fairly easily, damages can prove a problem for most cases. Intentional infliction of emotional distress, by...

• Mandatory Closing Provisions Strictly Enforced in Real Estate Purchase Contracts

  Geoff Trachtenberg | March 11, 2008 12:41 PM | 0 CommentsScottsdale, AZ

  That hissing sound you hear is not just air coming out of the real estate bubble, it's the folks at Mining Investment Group, LLC ("MIG") who today learned the importance of a mandatory closing date where a contract specifies that "time is of the essence." The case, Mining Investment Group, LLC v. Roberts, shows just how strictly the courts will interpret real estate purchase contracts - indeed,...

• Starbucks Employees Possible Identity Theft Victims

  Staff Writer | November 05, 2006 10:52 AM | 2 CommentsPhoenix, AZ

  Just this past week, Starbucks lost track of four laptop computers containing sensitive information including social security numbers, addresses and names of over 60,000 company employees. Looks like this company may know how to serve up some Java but needs some lessons on how to protect sensitive employee information. These employees may become the next victims of identity theft as a result...

• Heirs Have the Right to Redeem Tax Liens As a Matter of Law, Setting Aside a Default Judgment and Rule 11 Sanctions Imposed on an Heir That Was Not Made a Party to a Lien Foreclosure Action

  Geoff Trachtenberg | May 31, 2007 11:29 AM | 0 CommentsScottsdale, AZ

  Real estate is one of this author's favorite "hobbies" of late -- call it schadenfreude, but the real estate roller coaster is at least as good as reality television, and better than Grey's Anatomy. As a result, it is not surprising that we should see more real estate cases come out of the woodwork, especially those related to foreclosure. Today Division One published Roberts v. Robert, which...

• Walgreens Pharmacy Held Accountable for Prescription Error

  Staff Writer | October 16, 2007 6:33 PM | 0 CommentsPhoenix, AZ

  A Coconino County jury awarded one of the largest wrongful death verdicts to the family of a high school coach who died after taking a lethal combination of medications which should never have been dispensed together. The jury found that Walgreens pharmacy should have warned the patient and his physician about the lethal and toxic effects that the pain medications Tramadol and Methadone have...