Offers of Judgment in Arizona Bad Faith Cases
In Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline[d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).”
In Arizona, … Read More
Arizona Bad Faith Insurance Update
In Romero v. Mendota Ins. Co., 2016 WL 6775950 (D. Ariz. Nov. 16, 2016), the Arizona District Court granted a Motion to Remand a breach of contract and insurance bad faith case arising from UIM claims-despite the Insureds certifying the case was worth more than the $50,000 compulsory arbitration limit and seeking punitive damages-because the Insurer did not prove the amount in controversy "more likely than … Read More
We Are All Salespeople
I wanted to go to law school, but knew for sure after an interview with Pitney Bowes. The interviewer asked me to sell him widgets. I never tried to close the deal, so you can imagine the result of the interview. In addition to thinking law was interesting, I thought I was going into a profession that didn't require selling. I was wrong.
In law you can sell or not. But if you don't, others will … Read More
Say Thank You Like You Actually Mean It!
We live in a fast-paced transactional world. With the speed everything moves people sometimes resort to a text, email or similarly transactional electronic thank you. But if you resort to relaying a thank you by email, text or social media flavor of the month it is destined for the electronic scrapheap and likely will not be remembered. Be different and either write thank you notes or call.
It takes … Read More
Know Who We Are Because You Need a Network to Succeed
That's right. You need to know others to succeed. You need to know and have guides or mentors. You need to know your peers. You need to know your competition. And you need to start knowing these people from day one. Or if you did not start then, start today!
There are many ways to go about this. You can network with others alone or at events, collecting business cards and email addresses. You can … Read More
If we all were the same, the world would be a boring place. This is a favorite saying of mine. And it's true. There always are "in" jobs and professions. I am sure most of us think of the tech space as in and seem impressed when someone has a job or internship with a Google, an Apple or similar tech related businesses.
For instance, you hear terms such as entrepreneur or startup all the time. Sometimes you … Read More
Do You Have Inspiration?
Isn't the real answer to that question "Yes, sometimes." That's because the source of inspiration is mostly unknown. That is why it can hit you at times that seem unlikely, such as the middle of the night or when you are in the shower.
It is not conscious and sneaks up on you instead. That is why you have to be open to it and embrace it when it comes. If you don't, it is at your own risk of missing … Read More
Why Employers Need Social Media Policies
Although social media is great for developing business, expanding a brand or building a network, it is not without pitfalls. There are an increasing number of cases where an employee’s use of social media has created problems for the employer. The best practice is to maintain a well-written social media policy. Real-world problems can and do arise from the use of social media. & … Read More
Joint Legal Decision Making Must Parental Addresses be Disclosed?
A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision and it is therefore not precedential; it may however be cited for persuasive value subject to various limitations. The issue centered& … Read More
What Creditors Need to Know About Collecting Debt in State Court and Bankruptcy Court?
What do Creditors Need to Know about Litigation in State Court?
When proceeding in state court, or where a company hasn’t filed for bankruptcy protection, there can be many issues. It depends if the creditor has an unsecured debt, meaning there is no collateral, or if the debt is securing, meaning there is collateral. In either case, a creditor needs to have good documentation, good … Read More