Miscellaneous

• 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...

• 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...

• 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...

• 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,...

• 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...

• Jury to Begin Deliberations in Unfair Settlement Practices Lawsuit Against Allstate

  Staff Writer | October 09, 2007 9:50 PM | 0 CommentsPhoenix, AZ

  A Kentucky jury will begin deliberations Wednesday deciding whether Allstate Insurance Company violated the Kentucky Unfair Settlement Practices Act by systematically lowering valuation of minor injury claims and bullying claimants into accepting artificially low settlements. The Plaintiffs alleged that Allstate systematically undervalued claims relying upon a consultant who, according to the...

• 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...

• 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...

• TV News Helicopter Collision Kills All 4 On Board

  Jenny Albano | July 30, 2007 7:48 AM | 1 CommentPhoenix, AZ

  On July 28, two TV news helicopters crashed into each other while trying to follow a police chase in Phoenix, Arizona. The helicopters collided over Steele Indian School Park around 12:40 P.M. and crashed into the lawn in front of a boarded-up church. The choppers were engulfed in flames and all four people in the two helicopters died.Killed on board the KTVK chopper were pilot Scott Bowerbank...

• 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...