Miscellaneous

• Do You Know Your Contract Terms?

  Geoff Trachtenberg | April 07, 2007 1:32 PM | 0 CommentsScottsdale, AZ

  A recent national poll revealed that as many as 34% of homeowners do not even know what type of mortgage they had on their home. So, perhaps not surprisingly, many employees and business owners are unaware of the terms governing their contracts.If you have a business dispute the first thing you need is get to know your written contract -- what's that, you don't have one? Well, then you...

• Arizona Considering Unconstitutional Changes to Compulsory Arbitration Procedure To Benefit Insurers

  Geoff Trachtenberg | April 06, 2007 2:26 PM | 0 CommentsScottsdale, AZ

  In the past I have written about the compulsory arbitration procedure in Arizona.Currently, there is a bill, SB1054, in the Arizona Legislature amending ARS 12-133, i.e., changing the mandatory arbitration procedure.While I could care less about the bulk of main charge of the amendment (i.e., to raise the permissible arbitration limits to $65,000 and modestly raise arbitrator pay), it also...

• Internal Revenue Service Misplaces Over 500 Laptop Computers

  Staff Writer | April 05, 2007 4:39 PM | 0 CommentsPhoenix, AZ

  According to the United States Treasury Department Inspector General, the Internal Revenue Service has had some problems protecting sensitive taxpayer information. Apparently between 2003 and 2006, almost 500 laptop computers belonging to the Internal Revenue Service were lost or stolen which may have exposed personal information of approximately 6000 taxpayers to identity thieves. Amazingly,...

• Application of Comparative Fault to Business Torts

  Geoff Trachtenberg | April 03, 2007 10:13 PM | 0 CommentsScottsdale, AZ

  Most states have adopted a form of comparative fault. The idea behind newer comparative fault laws is to ameliorate some of the harsh results of the common law, but it can have the opposite effect in the business context.In a "pure" comparative fault state, such as Arizona, a defendant is only responsible for the percentage of fault assigned to it by the jury. So, while your damages maybe $1...

• Understanding the Compulsory Arbitration System in Personal Injury Cases From Both Perspectives

  Geoff Trachtenberg | April 02, 2007 8:22 PM | 0 CommentsScottsdale, AZ

  Like many states, Arizona has a compulsory arbitration system in place for "smaller" disputes. Depending upon the County where the action is brought and the amount sought (e.g., less than $50,000 in Maricopa County), these matters are subject to mandatory court-annexed arbitration. Such claims are supposed to be conducted on an accelerated schedule and decided by a court-appointed arbitrator...

• Legal Malpractice and Breach of Fiduciary Duty

  Geoff Trachtenberg | March 31, 2007 9:46 AM | 0 CommentsScottsdale, AZ

  Many people do not understand the difference between legal malpractice and breach of fiduciary duty.Legal malpractice arises when an attorney owes someone a duty of care and, by an act or omission, the attorney's conduct breaches that duty of care and causes that person cognizable harm. While the "person" harmed is typically a client, an attorney-client relationship is not required and legal...

• Intoxicated Drivers Can Be Subject to Punitive Damages

  Geoff Trachtenberg | March 30, 2007 11:33 AM | 0 CommentsScottsdale, AZ

  An intoxicated defendant who injures someone is often exposed to punitive damages. Arizona Appellate Courts have unanimously affirmed punitive damage awards against drunk drivers in cases where it is proven that intoxicated driving was a proximate cause of the collision.An intoxicated defendant who injures someone is often exposed to punitive damages. Arizona Appellate Courts have unanimously...

• Legal Malpractice Can Be a Function of Minutes

  Geoff Trachtenberg | March 29, 2007 8:39 PM | 0 CommentsScottsdale, AZ

  Attorneys know that deadlines matter, but in this age of electronic filing and 24-hour drop boxes it was just a matter of time before a court would have to address a filing that was, say, a mere six minutes late. That is what the United States Court of Appeals for the 10th Circuit had to deal with and this is what they had to say about it:Six minutes seems trivial and unlikely to cause...

• TJX Companies SEC Filing Details 47.5 Million Possible Identity Theft Victims

  Staff Writer | March 29, 2007 9:20 AM | 1 CommentPhoenix, AZ

  TXJ Companies has finally come clean with some more details about the number of possible identity theft victims as a result of its failure to abide by credit card processing standards. Discussing this data security breach, in a regulatory filing with the Securities Exchange Commission, the TXJ Companies indicated, Discovery of Computer Intrusion. On December 18, 2006, we learned of suspicious...

• Can a Medical Provider Bill You After Accepting Insurance Payment in a Personal Injury Matter?

  Geoff Trachtenberg | March 28, 2007 10:26 AM | 0 CommentsScottsdale, AZ

  Sometimes, when a medical provider learns there is a third-party at fault for an injury, they bill an injured party's insurance and then seek to recover the "balance" from the injured person's recovery. In fact, sometimes they even try to collect twice (which is fraud, and well-beyond the scope of this article), but can they even attempt to collect the "balance" of the bill after accepting...