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What Kind of Lawyer Do You Want for Your Case?

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: “Personall
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Application of Comparative Fault to Business Torts

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 Arizon
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Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable

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 th
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Heirs Have the Right to Redeem Tax Liens As a Matter of Law, Setting Aside a Default Judgment and Rule 11 Sanctions Imposed on an Heir That Was Not Made a Party to a Lien Foreclosure Action

Real estate is one of this author’s favorite “hobbies” of late — call it schadenfreude, but the real estate roller coaster is at least as good as reality television, and better than Grey’s Anatomy. As a result, it is not surprising that we should see more
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Failure to Plead Sufficient Facts – The New Legal Malpractice?

There’s a new case out 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 malpractic
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Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

Recent decision from Division One, Bohreer v. Erie Ins. Exch.. Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an agent for service of process and has not withdrawn such qualification or appo
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Experts Not Allowed to Testify to the Percentage of Fault

Division One recently handed down Webb v. Omni Block, Inc., a clearly written opinion which decisively eliminates an expert’s ability to testify as to the “percentage of fault” for any party or non-party. In Webb, defendant, Omni Block, hired an expert who testified
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Legal Malpractice and The One Million Dollar Comma

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 e
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