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Geoffrey Trachtenberg

Geoffrey Trachtenberg’s Legal Guides

86 total


  • Commas -- And the Absence of a Comma -- Can Be "Substantive"?

    A terrible opinion was handed down by the Arizona Supreme Court inEstate of Braden v. Arizona. In a spilt decision (3-2), the majority held that the Arizona Adult Protective Services Act ("APSA") does not subject the State of Arizona to an action for damages because the state is ...

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  • Expanding on Negligent Infliction of Emotional Distress

    Typically, to recover for negligent infliction of emotional distress, a plaintiff needs to show that they are in the "zone of danger" when a loved one is hurt. In a memorandum decision out of Division One today,State Farm v. Slayton, the Arizona Court of Appeals affirmed the dism...

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  • Arizona Recognizes Diminished Value Claims for Unsold Vehicles

    Insurances companies are ruthless. You want proof? Consider the recent case ofOliver v. Henrywhere the insurer fought, all the way through the Court of Appeals, the fact that an accident victim expereinced a loss in the value of his vehicle after an accident. Though the vehcile ...

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  • The Trial Court's Failure to Follow the Rules May Still Result in a Plaintiff's Dismissal?!

    A bizarre case from the Arizona Supreme Court. Today the Supreme Court ruled inAmerican Asphalt Grading Co v. CMX, LLC, that the "150 Day Notices" issued by trial courts in Maricopa County are NOT sufficient notice of a case being placed on the Inactive Calendar, pursuant to R...

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  • Application of Comparative Fault to Business Torts

    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 de...

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

    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 arbitratio...

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  • Do You Know Your Contract Terms?

    A recentnational pollrevealed 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 f...

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  • Pain and Suffering: Getting the Jury to "Feel Your Pain" in a Personal Injury Matter

    Pain and suffering. Two "legal words" that literally roll off your tongue. Words that are easy to say, but are hard to live with, especially when you are injured or disfigured by someone else's carelessness. One of the jobs of trial attorneys is to convey a client's pain and suff...

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  • How Do You Know What My Case is Worth?

    One of the things a good personal attorney provides is assistance evaluating a case. After all, when all is said and done, that is really what matters most: what's it worth? The answer to this question is more complicated, since every case is different. If you believe myths abou...

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  • Legal Malpractice and The One Million Dollar Comma

    As in many legal malpractice matters, the "devil is in the details," but rarely does a dispute center around the use of a "comma," but that was the case in a recent Canadiancontract dispute: The dispute is over this sentence: "This agreement shall be effective from the date it ...

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