Miscellaneous

• Blue Cross of California Agrees to Settle Rescission Class Action Lawsuit

  Staff Writer | June 11, 2007 11:00 AM | 1 CommentPhoenix, AZ

  Blue Cross of California recently entered a settlement agreement to resolve a class action lawsuit against the health insurer concerning the nature of its individual health insurance business practices. Blue Cross had been accused of using innocent mistakes on poorly worded insurance applications to rescind policies after insureds submitted costly claims. After concluding that it would lose...

• Directors Not Liable for the Misrepresentations of Their Agents Absent a Showing They Had "Knowledge" of the Misrepresentations

  Geoff Trachtenberg | June 05, 2007 10:17 PM | 0 CommentsScottsdale, AZ

  Judge Kessler of Division One just handed down another one of his massive opinions (this is not a criticism, just an observation). He seems to be a prolific writer and, my guess, a prolific reader as well.The case, Dawson v. Withycombe, marks another important milestone in the development of Arizona's corporate law. It follows in the footsteps of Wells Fargo Bank v. Arizona Laborers, Teamsters...

• Health Insurance Coverage in Times of Need

  Staff Writer | June 05, 2007 12:00 PM | 1 CommentPhoenix, AZ

  In May, I wrote about problems with health insurance companies in California. Specifically, an insured with Blue Cross and Blue Shield of California sued the company alleging bad faith arising out of the company's decision to rescind a health insurance policy based on high claims expenses. In the lawsuit, the plaintiffs alleged that the carrier accused the insureds of misrepresenting responses...

• Senator Kyl Holding Up Modification to Freedom of Information Act

  Staff Writer | June 01, 2007 2:00 PM | 0 CommentsPhoenix, AZ

  Ironically, Arizona Senator Jon Kyl recently invoked a tool to secretly object and withhold from consideration in the United States Senate a bill modifying the Freedom of Information Act. In contrast to Senator Kyl's initially secret actions, the legislation known as the Open Government Act had been drafted to make government activity less secret and more open to public scrutiny. Senator Kyl...

• 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...

• Maricopa County Recorders Office Redacting Personal Information from Public Records

  Staff Writer | May 29, 2007 5:55 PM | 0 CommentsPhoenix, AZ

  A few months ago, I shared a concern that, despite warnings about unnecessary risks of exposing social security numbers and other personal information to identity theft, the Maricopa County Recorder's Office continued to allow unfettered access to private confidential information on its web site. Thankfully, it appears that the County has been working toward a resolution of this problem. ...

• Supreme Court Accepts Review in State Farm v. Premier

  Geoff Trachtenberg | May 25, 2007 9:02 AM | 0 CommentsScottsdale, AZ

  Late last year Division One handed down an awful decision in State Farm Ins. Cos. v. Premier Manufactured Systems, Inc., in which the court addressed whether the principles of comparative fault established are applicable to the participants in the chain of distribution of an allegedly defective product. In essence, Division One held that Arizona's comparative fault statute overrules...

• Message to the Trial Courts: "Show Your Work"

  Geoff Trachtenberg | May 24, 2007 1:50 PM | 0 CommentsScottsdale, AZ

  You know the old phrase from algebra, "show your work," well that is the message to the trial courts. Regretably, trial courts often rule on disputed issues with nothing more than a summary decision and without articulating their reasoning. Obviously, some of this is due the sheer volume of work that trial courts perform, but some of it is also due to habit and being lazy.The trouble with such...

• Industry Lobbyist Withdraws Nomination to Head Consumer Product Safety Commission

  Staff Writer | May 24, 2007 1:19 PM | 0 CommentsPhoenix, AZ

  Based upon increasing public pressure, yesterday lobbyist Michael Baroody removed his name from consideration to head the Consumer Product Safety Commission (CPSC). In another post, I questioned whether a lobbyist for the National Association of Manufacturers (NAM) should head an organization which has conflicting objectives. The National Association of Manufacturers lobbies on behalf of many...

• Arizona Supreme Court Asked to Review Libel Lawsuits Against Public Officials

  Staff Writer | May 19, 2007 9:26 AM | 0 CommentsPhoenix, AZ

  If you believe that you have been defamed by a public official, should you have the right to file a defamation lawsuit? The Arizona Attorney General's office has asked the Arizona Supreme Court to decide this issue. In January, 2007, the Arizona Court of Appeals allowed a developer to sue Attorney General Terry Goddard for defamation when he informed the media that the developer:committed...