Posts tagged Business Disputes

• Legal Malpractice and The One Million Dollar Comma

  Geoff Trachtenberg | April 10, 2007 8:45 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  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 Canadian contract dispute:The dispute is over this sentence: "This agreement shall be effective from the date it is made and shall continue in force for a period of five (5) years from the date it is made, and thereafter for...

• Do You Know Your Contract Terms?

  Geoff Trachtenberg | April 07, 2007 1:32 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  A recent national poll revealed 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 first thing you need is get to know your written contract -- what's that, you don't have one? Well, then you...

• Application of Comparative Fault to Business Torts

  Geoff Trachtenberg | April 03, 2007 10:13 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  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 defendant is only responsible for the percentage of fault assigned to it by the jury. So, while your damages maybe $1...

• Business Installment Agreements & Statutes of Limitation

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

  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...

• Department of Justice in Dispute with MedCath

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

  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...