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• What Happens if I Was Bit or Attacked by Someone's Dog?

  Geoff Trachtenberg | May 15, 2007 8:56 PM | 0 CommentsScottsdale, AZ

  You can typically recover if you are injured by someone's dog, and generally their homeowner's insurance policy will provide liability coverage for these accidents. In addition, in Arizona we have a dog bite statute creating strict liability for such situations. Therefore, dog owners are liable for such injuries regardless of fault or alleged provacation of the dog.

• Loss of Services of a Homemaker is About $138,095 a Year

  Geoff Trachtenberg | May 14, 2007 8:43 PM | 0 CommentsScottsdale, AZ

  This report published by Rueters says that if "the typical stay-at-home mother in the United States were paid for her work as a housekeeper, cook and psychologist among other roles, she would earn $138,095 a year."This is an important study because the issue often comes up about the value of domestic services in personal injury litigaton. Perhaps this data can be reasonably relied upon by an...

• The Medical Malpractice Myth: Legal Analysis Finds That Patients Fare Poorly in Court

  Geoff Trachtenberg | May 12, 2007 9:23 PM | 0 CommentsScottsdale, AZ

  As any medical malpractice attorney worth their salt will tell you, there is absolutely no epidemic of plaintiffs' medical malpractice verdicts. As these attorneys know, very,very few medical malpractice cases are worth pursuing and fewer still result in a monetary award or settlement. Indeed, it is somewhat laughable that so-called tort reformers advance medical malpractice caps of $250,000...

• Court of Appeals Holds That Livestock Owner Did Not Breach the Standard of Care When it Failed to Warn or Fence Land Adjacent to a Roadway Through an Open Range

  Geoff Trachtenberg | May 11, 2007 5:12 PM | 0 CommentsScottsdale, AZ

  The other day, Division One affirmed the trial court's granting summary judgment to a livestock owner in connection with an accident occurring on a portion of unfenced "open range" land. The case, Brookover v. Roberts Enterprises, Inc., held that the plaintiff failed to show facts evidencing conduct below the applicable standard of "ordinary care."To get there the Court of Appeals seized upon...

• Tax Liability Arising Due to Confidentiality Clauses in Settlement Agreements

  Geoff Trachtenberg | May 10, 2007 9:40 AM | 0 CommentsScottsdale, AZ

  Did you know that a confidentiality clause can have tax consequences? This was the subject of a United States Tax Court opinion in Amos v. IRS (2003), the case where Dennis Rodman kicked a courtside TV cameraman in the groin.The Court held that, if a portion of a settlement is attributable to a confidentiality agreement, that portion is taxable. It is not clear what the long-term effects are...

• Update: Judge may lose his job after suing cleaners for $65,000,000

  Geoff Trachtenberg | May 09, 2007 9:54 PM | 0 CommentsScottsdale, AZ

  Roy L. Pearson Jr. might regret going after a dry cleaners for a lost pair of pants. A panel of four Washington DC officials is considering whether he should return as an administrative law judge for his bringing and maintaining a $65 million suit agaist the cleaners.

• The Case of the Judge Who Lost His Pants, and Then Lost His Mind

  Geoff Trachtenberg | May 08, 2007 12:59 PM | 0 CommentsScottsdale, AZ

  Rarely do I find it necessary to write about cases that should never be filed, after all, there are enough people who love to blog about the absurdities of the law. That being said, the case of the Hon. Roy Person, Jr. versus Custom Cleaners is the single-worst example of abusive litigation that I recall having ever seen or heard of.It is safe to say, the Hon. Roy Pearson, Jr. demands...

• The Advantages Structuring Personal Injury Settlements for Clients Concerned About Child Support Obligations

  Geoff Trachtenberg | May 07, 2007 9:41 PM | 0 CommentsScottsdale, AZ

  Most people do not normally focus on family law issues in personal injury matters, but believe it or not, such issues can make a difference for clients with child support obligations, or even potential future child support obligations. Now, at the outset, let me state clearly that it is every parent's obligation to properly and responsibly care for their children. That being said, divorced...

• Court Holds Evidentiary Hearing to Determine the Amount of a Medicaid Lien, Similar Hearings Are Expected in Other Personal Injury Matters

  Geoff Trachtenberg | May 06, 2007 2:15 PM | 0 CommentsScottsdale, AZ

  As we have noted in the past, "getting the money and keeping the money" are two different and equally difficult issues in personal injury matters. In many cases, there are liens on recoveries, such as when Medicaid pays all or part of a person's bills.One issue that often arises is the extent to which a third-party can assert a lien. In Arkansas Dept. of Health and Human Servs. v Ahlborn, 547...

• 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...