Miscellaneous

• Arizona Public Records Law May Require the Court to Determine the Nature of the Particular Government Document

  Geoff Trachtenberg | May 05, 2007 1:41 PM | 0 CommentsScottsdale, AZ

  These days, most people know that both state and federal "Freedom of Information Acts" require the dicslosure of public records. After all, such documents technically "belong to the people" and are created in connection with public service. Indeed, ARS 39-121 provides that "public records and other matters in the custody of any officer shall be open to inspection by any person at all times...

• Frivolous $65,000,000 Lawsuit Receiving Plenty of Attention

  Staff Writer | May 05, 2007 7:20 AM | 0 CommentsPhoenix, AZ

  I read a story today about a Judge in Washington DC who has taken it upon himself to sue a dry cleaning business for a total of $65 million dollars because the business lost a pair of his trousers. This lawsuit presents a perfect example of what appears to be frivolous litigation which should be dismissed. We hear numerous stories and media attention often focuses on frivolous litigation. We...

• Court Affirms Award of Attorneys' Fees For Dragging In Unnecessary Third-Party Defendants in a Business/Construction Dispute

  Geoff Trachtenberg | May 04, 2007 9:36 PM | 0 CommentsScottsdale, AZ

  To be filed in the "gluttons for punishment" folder, the case of Fulton Homes Corporation v. BBP Concrete that was recently published by Division One.The case affirms an award of $12,000, or $6,000 each, to two parties who Fulton dragged into a lawsuit because, well, "they could" under Rule 14.In short, Fulton pulled in two third-party defendants to a lawsuit under the premise that they were...

• Ethical Rules and Their Application in Legal Malpractice Cases

  Geoff Trachtenberg | May 02, 2007 9:18 AM | 0 CommentsScottsdale, AZ

  Lawyers are governed by a comprehensive set of ethical rules which, when violated, often lead to civil liability regardless of the ethical violation (e.g., stealing from clients), but what impact does a rule violation have on legal malpractice or other claims against a lawyer? Arizona's ethical rules contain the following Preamble: Violation of a Rule should not itself give rise to a cause of...

• Girls Gone Wild Founder No Stranger to Controversy, Litigation or Judicial Outrage

  Geoff Trachtenberg | May 01, 2007 10:22 PM | 0 CommentsScottsdale, AZ

  Joe Francis of Girls Gone Wild has been in the press lately, mainly because he is reportedly losing it inside prison without his bottled water and anti-anxiety medication. The reason he is behind bars is a little more complicated, but it is basically because he pissed off a federal judge. Never a good move.Anyway, reading about him refreshed my memory that a respected colleague recently sued...

• No Runaway Jury System In Arizona: 2006 Verdicts Are, If Anything, Low.

  Geoff Trachtenberg | April 29, 2007 6:51 PM | 0 CommentsScottsdale, AZ

  Two days ago I posted the 2006 civil jury awards in Arizona. The thing that I found interesting is the Maricopa County median is a paltry $70,879. By the way, the reported figures are all artifically high because they do not include defense verdicts of zero!Among other things, this makes me recall the pending unconstitutional legislation to allow courts to raise the compulsory arbitration...

• When is a Seller a "Seller" for Products Liability Purposes?

  Geoff Trachtenberg | April 28, 2007 3:36 PM | 0 CommentsScottsdale, AZ

  It turns out that an auctioneer's selling things (for a fee) does not make you a "seller" under Arizona product liability law.Last week Division Two handed down Antone v. Greater Arizona Auto Auction, Inc..The Court observed that a "[s]eller" is defined by the Arizona products statute as "a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business...

• Arizona Supreme Court Rules on Case Involving Public Records Law and E-Mail

  Staff Writer | April 27, 2007 8:00 AM | 0 CommentsPhoenix, AZ

  The Arizona Public Records Act requires that records maintained by all state and local government agencies be open and available for inspection in a manner: reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.A.R.S. section...

• Personal Injury Lawsuit Filed After BBQ Explosion

  Geoff Trachtenberg | April 25, 2007 1:35 PM | 0 CommentsScottsdale, AZ

  We recently filed suit on behalf of a man who was severely injured as a result of a built-in barbeque explosion.The man, visiting from out of town, was asked to assist in lighting or operating the built-in barbeque. Suddenly the barbeque exploded resulting in 2nd and 3rd degree burns on well over one-half of the man's body.Although the investigation is not yet complete, it appears the built-in...

• The Basics of Legal Malpractice

  Geoff Trachtenberg | April 24, 2007 10:14 AM | 0 CommentsScottsdale, AZ

  The essence of legal malpractice is to show that a lawyer improperly did, or failed to do, something specific that, had the lawyer done properly, would have resulted in a measurably better outcome. Sounds simple enough, but it gets more complicated in practice.First, consider the specific act or omission. It's not enough to say a lawyer "did not do a good enough job." You need something...