All Topics

• Business Installment Agreements & Statutes of Limitation

  Geoff Trachtenberg | March 21, 2007 10:07 AM | 0 CommentsScottsdale, AZ

  Say someone owes you $100 and agrees to pay you in $10 monthly installments. What if they pay the first two installments, miss the third one, pay the fourth installment and miss the fifth installment. When does the statute of limitations begin to run?The answer is that there is a new accrual date for each missed installment, unless there is an acceleration clause in the agreement. In...

• Negligence of an Independent Contractor

  Geoff Trachtenberg | March 21, 2007 9:25 AM | 0 CommentsScottsdale, AZ

  Most attorneys hire outside companies to handle filing and serving lawsuits. What happens when these process servers mess up and, as a result, you cannot pursue your lawsuit?We have a case like that right now. About one week before the statute of limitations ran, our client's former attorney prepared a lawsuit and sent it to be filed with the Court. Although the attorney's staff followed up...

• The Most Important Coverage - UM/UIM

  Geoff Trachtenberg | March 20, 2007 8:09 PM | 0 CommentsScottsdale, AZ

  "What do you mean they don't have insurance?!" is something every injury attorney hears at some stage.Whether the issue is no coverage or limited coverage, with healthcare costs being what they are today, odds are that the person who injures you will not have sufficient insurance coverage. That is one reason why uninsured motorist and underinsured motorist coverage (called "UM" and "UIM,"...

• Department of Justice in Dispute with MedCath

  Christina Cole | March 18, 2007 11:38 PM | 0 CommentsScottsdale, AZ

  The Department of Justice is seeking $8.5 from MedCath Corp to settle an investigation surrounding a clinical trial that was conducted by one of MedCath's hospitals.The business dispute alleges fraudulent billings were made to federal health care programs for devices that were implanted into patients during a clinical study.MedCath says the hospital complied with internal policies and federal...

• Disclaimer

  Staff Writer | January 16, 2007 7:29 AM | 0 CommentsScottsdale, AZ

  The information found on this website should not be construed as legal advice and is not a substitute for professional legal consultation. You should not base your legal decisions solely on the information found in this site and you are encouraged to seek the counsel of an attorney regarding your specific questions or situation. The information found herein may represent the opinions or...

• 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...

• Liability for Negligent Creation of a Dangerous Condition

  Geoff Trachtenberg | March 21, 2007 10:38 AM | 0 CommentsScottsdale, AZ

  When someone gets hurt on property or on a roadway, the issue that is litigated is typically whether there was sufficient "notice" to the property owner or entity responsible for the roadway. Often, however, proving such notice is not required where the defendant is responsible for creating the dangerous condition. As the Arizona Supreme Court recognized in Isbell v. Maricopa County, 198 Ariz....

• UL Graduate Amends Lawsuit to Include Legal Malpractice

  Christina Cole | March 17, 2007 12:15 AM | 0 CommentsScottsdale, AZ

  A University of Louisiana-Lafayette graduate who sued her political science professor for sexual harassment last year has added UL's interim athletic director to the suit.In an amendment to the original lawsuit, she is now accusing Walker, an attorney, of legal malpractice. The suit states she met with university officials and Walker in a meeting the last week in September to discuss her...