All Topics

• The Nature of the Wrongful Death Remedy

  Geoff Trachtenberg | April 13, 2007 10:33 AM | 0 CommentsScottsdale, AZ

  Unlike most injury claims, wrongful death claims are governed by statute. This has some important and surprising consequences.By way of some background, the reason wrongful death statutes were enacted was because, at common law, there was no such cause of action. As a result, it was often cheaper to kill someone than it was to simply injure them (there was a saying that, "if your carriage runs...

• Uninsured / Underinsured (UM/UIM) Statutes of Limitation for Car and Motorcycle Accidents

  Geoff Trachtenberg | March 22, 2007 7:07 PM | 0 CommentsScottsdale, AZ

  As of September 21, 2006, the statute of limitations was amended in Arizona for UM/UIM claims. Pursuant to ARS 12-555, as amended, insureds are now required to provide "written notice" to insurers that they are making a claim, and they must request arbitration or file suit within three years of such written notice.

• Three Trial Courts Hold Medical Malpractice Statute Unconstitutional

  Geoff Trachtenberg | August 31, 2007 8:54 AM | 0 CommentsScottsdale, AZ

  In last few years, many states adopted protectionist legislation in favor of the medical industry. The legislation essentially puts up various barriers to bringing medical malpractice cases by, among other things, attempting to impose expensive and burdensome constraints on the way these types of cases are litigated.The medical lobbyists, of course, claim that the legislation is necessary to...

• Rescue Crews Send Mike Down to Check on Miners

  Courtney Mills | August 10, 2007 11:28 AM | 0 CommentsScottsdale, AZ

  Rescue efforts involving over a hundred of people in Huntington, Utah have lasted several torturous days as workers struggled to find trapped colleagues. Six miners were trapped 1,500 feet beneath collapsed rubble in a coal mine, the unfortunate result of a disastrous mining accident that occurred early Monday, August 6. The fate of the men has not yet been established.Early rescue efforts...

• WHO: Food Safety Problem is Global, Not Just China

  Jenny Albano | July 17, 2007 1:12 PM | 0 CommentsScottsdale, AZ

  Top World Health Organization (WHO) officials stated that China is not the only place that has food safety problems. The United Nations agency receives around 200 reports of contaminated food every month in its 193 states with membership."I have to say that food safety is a big problem for both developed and developing countries," said Margaret Chan, WHO director-general.China, where poorly...

• 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 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...

• What Kind of Lawyer Do You Want for Your Case?

  Geoff Trachtenberg | May 03, 2007 9:29 AM | 0 CommentsScottsdale, AZ

  A New York personal injury lawyer was recently disbarred for basically "being an asshole." Although I can hardly endorse his brash style (e.g., telling the judge to "Kiss my tuchis!"), it is interesting what other New York attorneys had to say: "Personally, I find him abrasive, angry, tough, fierce, and frightening," says attorney Ron Kuby. "You know, the qualities you usually want in a...

• When is a Seller a "Seller" for Products Liability Purposes?

  Geoff Trachtenberg | April 28, 2007 3:36 PM | 0 CommentsScottsdale, AZ

  It turns out that an auctioneer's selling things (for a fee) does not make you a "seller" under Arizona product liability law.Last week Division Two handed down Antone v. Greater Arizona Auto Auction, Inc..The Court observed that a "[s]eller" is defined by the Arizona products statute as "a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business...

• Arizona Civil Jury Verdicts for 2006

  Geoff Trachtenberg | April 27, 2007 1:56 PM | 0 CommentsScottsdale, AZ

  The numbers are out for civil jury verdicts and they are not pretty. Indeed, they are generally very low and, since they include commercial cases in the average (which can skew the numbers quite a lot), we pay more attention to the median numbers.2006 Reported Arizona VerdictsAverages vs. Medians {mso-displayed-decimal-separator:"\\."; mso-displayed-thousand-separator:"\\,";}@page {margin:1.0in...