Commas -- And the Absence of a Comma -- Can Be "Substantive"?
Dec 02, 2011
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 ...
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Expanding on Negligent Infliction of Emotional Distress
Oct 20, 2011
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 ...
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Arizona Recognizes Diminished Value Claims for Unsold Vehicles
Jul 28, 2011
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 expere...
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The Trial Court's Failure to Follow the Rules May Still Result in a Plaintiff's Dismissal?!
Jul 01, 2011
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 NO...
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Application of Comparative Fault to Business Torts
Jun 29, 2011
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 t...
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Understanding the Compulsory Arbitration System in Personal Injury Cases From Both Perspectives
Jun 29, 2011
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 Mar...
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Do You Know Your Contract Terms?
Jun 29, 2011
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 unawa...
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Pain and Suffering: Getting the Jury to "Feel Your Pain" in a Personal Injury Matter
Jun 29, 2011
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 careles...
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How Do You Know What My Case is Worth?
Jun 29, 2011
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...
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Legal Malpractice and The One Million Dollar Comma
Jun 29, 2011
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 dis...
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