Blog Posts: Litigation

In Joseph Silence v. Shane T. Betts No. 1 CA-CV 23-0178, the Arizona Court of Appeals affirmed Maricopa County’s Superior Court’s decision and clarified how Proposition 209’s Savings Clause applies to garnished wages before the effective date of Proposition 209. The Takeaways The court clarified how Proposition 209 affects ongoing wage garnishments that wer...

1. Make sure you have what you need from the start Take advantage of all information needed to collect at the time the loan is made or the services are provided, including obtaining a security interest in collateral. Remember, the borrower or customer wants your money or services and will be cooperative at this point. Information to obtain at this time includes soc...

1. IT’S ALL ABOUT THE RECORD. The first question I’m typically asked by a prospective appellate client is “How can we tell the appellate court about all the emails from my ex-husband (credit card receipts, nasty texts) my lawyer refused to present, despite my pleas?” The answer is, we can’t. An appeal is based on the record presented t...

Probate and trust litigation can turn families into enemies and convert inheritances into attorneys' fees.  These disputes can be fueled by sibling rivalry, blended families, family grudges, financial need, entitlement, revenge, greed, or spite.  Litigators have a bird's eye view of the issues which fuel such disputes and are often able to anticipate potential is...

Many people, particularly those who have never experienced first-hand what it is like to be a party to litigation, are quick to threaten to file a lawsuit at the first sign of a business dispute. However, as most lawyers and experienced litigants will readily tell such people, there are many reasons not only to avoid lawsuits if possible, but once involved in a law...

For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished.  More than 85% of the decisions in the 9th Circuit are unpublished.[i]   For the fiscal year 2017, in Division One of the Ar...

If you talk to anyone who has been a party to a lawsuit, they are almost certainly going to comment as to how expensive it was.  Unless an attorney is hired on a “contingency fee” basis – which is seldom an option in business-related cases, the client must pay his or her attorney based to prosecute or defend their case, based upon the time th...

Your Arizona business has been sued.  Normally these lawsuits are handled in Arizona, where the business is located.   However, what happens if the company is sued in another state?  What if it is in a state that your company does not even do business in?  You own a company in Arizona that was just sued in California. &n...

The decline of a family member’s health can be one of the most difficult emotional challenges that a family will face. If that ailing family member hasn’t adequately planned for such an event, the burden rests on the family to step in and care for them. Without proper legal authority, this can be difficult. Fortunately, the court provides a process ...

The amendments to the Federal Rules of Appellate Procedure,effective December 1, 2016, arise, for the most part, out of changes in technology.Some of the amendments refine prior Rules that, while taking into account technology, were nevertheless skeptical of its efficacy and reliability. Service by Electronic Means For example, it is now acknowledged that service ...