Personal Injury Law

Baby Paperboard Books Recalled Due To Choking Hazard

Posted on April 06, 2010
Gund Baby Paperboard Books have been recalled in the U.S. and Canada due to stryroam used to fill the book binding can detach, posing a choking hazard to small children. There have been three reports of the filling detaching and children mouthing the pieces, to date...

Intoxicated Scottsdale Man Smashes Three Patrol Cars

Posted on August 27, 2009
A rowdy scene at Jade Palace restaurant in Scottsdale ended with one arrest and five wrecked cars on Wednesday night. According to Scottsdale police, officers arrived at the restaurant and found Erin Bryant, 31, asleep in his pickup truck. When officers approached the driver's window, Bryant began to back up and rammed into a police officer's patrol car, which struck two other vehicles in the parking lot, police said...

Driver Arrested For Manslaughter In Fatal Crash

Posted on February 17, 2009

Mandatory Closing Provisions Strictly Enforced in Real Estate Purchase Contracts

Posted on March 11, 2008
That hissing sound you hear is not just air coming out of the real estate bubble, it's the folks at Mining Investment Group, LLC ("MIG") who today learned the importance of a mandatory closing date where a contract specifies that "time is of the essence...

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Mandatory Closing Provisions Strictly Enforced in Real Estate Purchase Contracts

Posted on March 11, 2008
That hissing sound you hear is not just air coming out of the real estate bubble, it's the folks at Mining Investment Group, LLC ("MIG") who today learned the importance of a mandatory closing date where a contract specifies that "time is of the essence...

No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

Posted on February 29, 2008
Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian...

No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

Posted on February 29, 2008
Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian...

Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable

Posted on February 06, 2008
Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs...

Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable

Posted on February 06, 2008
Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs...

Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage

Posted on January 10, 2008
Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.

Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage

Posted on January 10, 2008
Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.Pima County Deputy Sheriff Jean Cundiff was injured by a third-party while on the job, in her patrol car...

Peak Oil: A Crude Awakening

Posted on December 30, 2007
Ask most people, and they'll probably tell you global warming is our greatest global obstacle. Some will even say something like terrorism or illegal immigration. Frankly, I thought I was pretty damn clever spotting the global credit bubble, and believed it to be the greatest global crisis we'd face in our lifetimes (i...

Peak Oil: A Crude Awakening

Posted on December 30, 2007
Ask most people, and they'll probably tell you global warming is our greatest global obstacle. Some will even say something like terrorism or illegal immigration. Frankly, I thought I was pretty damn clever spotting the global credit bubble, and believed it to be the greatest global crisis we'd face in our lifetimes (i...

Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe

Posted on December 26, 2007
"Attention Safeway shoppers, business owners now owe nondelegable duties to their invitees to keep their premises reasonably safe." Steven H. Simon sued Safeway after he was injured during a store altercation with a security guard who "physically and sexually" assaulted him...

Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe

Posted on December 26, 2007
"Attention Safeway shoppers, business owners now owe nondelegable duties to their invitees to keep their premises reasonably safe."Steven H. Simon sued Safeway after he was injured during a store altercation with a security guard who "physically and sexually" assaulted him...

Mortgage Rate Freeze: A Flim-Flam Scheme to Recharacterize Billions of Fraudulent Mortgages and Trick Investors

Posted on December 09, 2007
Imagine a loan of $100,000 based upon (1) a borrower's true income / ability to repay and (2) the true value of the real estate collateral. Now imagine a loan of $100,000 based upon (1) fictional income figures and (2) fictional valuation of real estate collateral...

Assignments vs. Liens In the Personal Injury Context

Posted on December 09, 2007
A large number of people, attorneys included, don't know the difference between "assignments" and "liens." Why does it matter, you ask? For a number of reasons that will be more obvious when the difference is understood.

Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

Posted on December 09, 2007
Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack. This week, in State Farm Ins. Co. v. Premier Mfg...

Mortgage Rate Freeze: A Flim-Flam Scheme to Recharacterize Billions of Fraudulent Mortgages and Trick Investors

Posted on December 09, 2007
Imagine a loan of $100,000 based upon (1) a borrower's true income / ability to repay and (2) the true value of the real estate collateral. Now imagine a loan of $100,000 based upon (1) fictional income figures and (2) fictional valuation of real estate collateral...

Assignments vs. Liens In the Personal Injury Context

Posted on December 09, 2007
A large number of people, attorneys included, don't know the difference between "assignments" and "liens."Why does it matter, you ask? For a number of reasons that will be more obvious when the difference is understood.An assignment is the easier of the two to understand since, as the name implies, it is an transfer of all or some rights or property to a third-party...

Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

Posted on December 09, 2007
Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack.This week, in State Farm Ins. Co. v. Premier Mfg...

Wyeth Recalls Cold Medicine Due to Dosing Cup Issue

Posted on November 03, 2007
Wyeth is recalling several brands of nonprescription cold medicine because they come with a dosing cup that does not mark the half-teaspoon level recommended for children aged 2 through 5 years old. According to the Wyeth spokesperson, there is nothing wrong with the product...

Wyeth Recalls Cold Medicine Due to Dosing Cup Issue

Posted on November 02, 2007
Wyeth is recalling several brands of nonprescription cold medicine because they come with a dosing cup that does not mark the half-teaspoon level recommended for children aged 2 through 5 years old. According to the Wyeth spokesperson, there is nothing wrong with the product...

Failure to Plead Sufficient Facts - The New Legal Malpractice?

Posted on October 21, 2007
There's a new case out this week from Division Two, Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating from a substantive perspective, but it raises questions about potential legal malpractice exposure.

Legal Malpractice Statutes of Limitation - Tort and Contract

Posted on October 18, 2007
Interesting legal malpractice case from Division Two, Keonjian v. Olcott, dealing with the issue of when the statute of limitations begins to run and whether the tort or contract limitation period applies. The essence of the alleged malpractice was that the plaintiff got bad advice from her attorney concerning the deeding of some land that she co-owned with another party...

$800,000 Wrongful Death Settlement for Motorcycle Collision in Arizona

Posted on October 12, 2007
Levenbaum & Cohen ("L&C") is pleased to report that the firm recently settled a motorcycle wrongful death case for $800,000.00. L&C, which also does business as The Law Tigers -- a group of attorneys concentrating in motorcycle injury -- obtained the settlement after two riders, one in his 70s and the other in her 50s, collided with a vehicle that was trying to pass a semi-truck...

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