Navigating the Legal Landscape in Arizona: A Comprehensive Guide

Posted on September 12, 2023 in Arizona Law Regarding Business Disputes

Arizona’s legal landscape is complex and ever-changing. If you are facing a legal challenge in the Grand Canyon State, it is important to have experienced and knowledgeable representation. In this blog post, we will provide a comprehensive guide to the legal system in Arizona, from the different types of courts to the process of filing a lawsuit. We will also discuss some of the most common types of litigation cases in Arizona.Body:Types of Courts in ArizonaArizona has a three-tiered court system:Municipal courts: These courts have jurisdiction over minor criminal offenses, such as traffic violations and petty theft.Justice courts: These courts have jurisdiction over misdemeanor offenses, such as shoplifting and assault.Superior courts: These courts have jurisdiction over all felony offenses, as well as civil cases with damages exceeding $10,000.

Filing a Lawsuit in ArizonaThe process of filing a lawsuit in Arizona varies depending on the type of case. However, the general steps are as follows:

File a complaint with the appropriate court.

Serve the complaint on the defendant.Engage in discovery, which is the process of exchanging information and documents.

Attend a pretrial conference, where the judge and parties will discuss the case and try to reach a settlement.

Go to trial, if necessary.

Common Types of Litigation Cases in ArizonaSome of the most common types of litigation cases in Arizona include:

Personal injury: These cases involve injuries caused by the negligence of another person or entity.

Medical malpractice: These cases involve injuries caused by the negligence of a doctor, hospital, or other medical professional.

Product liability: These cases involve injuries caused by defective products.

Employment law: These cases involve disputes between employees and employers, such as discrimination, wrongful termination, and wage and hour violations.

Business litigation: These cases involve disputes between businesses, such as breach of contract and unfair competition.

Choosing the Right Attorney:

If you are facing a legal challenge in Arizona, it is important to choose the right attorney. When choosing an attorney, you should consider the following factors:

Experience: The attorney should have experience handling cases similar to yours.

Knowledge: The attorney should be knowledgeable about the relevant laws and procedures.Skills: The attorney should have the skills to effectively represent you in court and in negotiations.

Communication: The attorney should be able to communicate effectively with you and keep you informed about the status of your case.

Fees: The attorney should be up-front about their fees and billing practices.

Conclusion:

Navigating the legal system in Arizona can be daunting. However, with the right attorney, you can be confident that your rights are being protected. If you are facing a legal challenge, contact our law firm today to schedule a consultation. We are experienced litigators who are dedicated to helping our clients achieve the best possible outcome in their cases.Keywords: Arizona litigation, litigation firm, types of courts, filing a lawsuit, personal injury, medical malpractice, product liability, employment law, business litigation, choosing an attorney

Call to Action:Contact our Arizona litigation firm today for a free consultation. We can help you navigate the legal system and protect your rights. A good lawyer can help you get the justice you deserve. Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

LINKS:

• Arizona Courts website: This website provides information about the different types of courts in Arizona, as well as the process for filing a lawsuit. https://www.azcourts.gov/
• Arizona Attorney General’s Office: This office provides legal assistance to Arizona residents, including information about consumer protection, employment law, and civil rights. https://www.azag.gov/
• Legal Services Corporation: This organization provides funding to legal aid organizations that provide free legal services to low-income individuals and families. https://www.lsc.gov/
• American Bar Association: This organization provides resources for lawyers and the public, including information about the legal system and how to find a lawyer. https://www.americanbar.org/
• FindLaw: This website provides legal information and resources, including articles, videos, and lawyer profiles. https://www.findlaw.com/

Keywords: Arizona litigation, litigation firm, types of courts, filing a lawsuit, personal injury, medical malpractice, product liability, employment law, business litigation, choosing an attorneyCall to Action:Contact our Arizona litigation firm today for a free consultation. We can help you navigate the legal system and protect your rights.

Contract Law in Arizona

Posted on December 7, 2020 in Arizona Law Regarding Business Disputes

Arizona Supreme Court recently ruled that contractual time limits on lawsuits do not apply to a third party just because the third party is “closely related” to the contracting party. A link to the opinion is found below.

By way of background, a corporation hired an accounting firm.  The fee agreement contained a limitations provision, requiring that any claim against the accounting firm for its work be filed within two years after the audit. This is despite a six-year Statute of Limitations (SOL) in Arizona. In Arizona, you can contract away your SOL rights.

Three years after the audit, the corporation (closely held) sued the accounting firm for its work.  The accounting firm defended that the suit was barred by the limitations provision in the fee agreement.  The president and sole shareholder was not a party to the fee agreement, nor was he a signatory since the corporation’s CFO had signed for the corporation.

The trial Judge applied the fee agreement limitations because the president and sole shareholder was “closely related” to the corporation.  The court of appeals affirmed.

The Arizona Supreme Court reversed.  Stating that some courts in other States have applied contract provisions to third parties who are “closely related” to contracting parties, the Court rejected the doctrine in this case, for several reasons:

1)  Arizona law distinguishes between corporations and individuals who act on their behalf.  Applying contract provisions to “closely related” third parties would tend to void this distinction.

2)  Applying the contract provision to a third party would have a particularly harsh result: barring a lawsuit entirely.

3)  Arizona law already recognizes other ways to apply contract provisions to third parties, such as incorporation by reference, assumption, agency, piercing the corporate veil, equitable estoppel, and third-party beneficiary theories.

Over the last 33 years, we have filed scores of claims for common law fraud, RICO, AZRAC, and fraudulent schemes. We have defended and prosecuted cases involving contract breaches too.

In a case like JTF Holdings, there was no fraud alleged. It was just two folks fighting over money. Common law fraud involves a dispute between two people or business entities. It almost always comes from a contractual relationship that went bad or an investment scheme. Unlike criminal fraud cases in which the defendant can go to prison if convicted, in a civil fraud case, the judgment will only be for money. There is strict liability for many types of investment frauds. Lawyers often threaten jail in a civil fraud case, but it never happens. These types of threats border on extortion. The AG, Police or FBI will seldom get involved in a civil dispute where individuals are alleging fraud.

There are thousands of small closely held limited liability companies in Arizona. If you need help sorting out your rights and what the current law is, feel free to give Bill Miller, a call at 602-319-6899.

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.

 

JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP

 

Litigation in Arizona is About to Explode

Posted on March 23, 2020 in Arizona Law Regarding Business and Real Estate

On this website, a few years ago, we wrote… for over 33 years the Law Firm of William A. Miller has ‘seen it all’. Well, that was until last week. Litigation in Arizona for Fraud, Contract Breach and various business torts will explode, not unlike the days of the RTC. As most of you know,…

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Arizona Construction Law and Attorney Fees

Posted on October 11, 2017 in Arizona Law Regarding Business and Real Estate

Not every lawsuit gives rise to attorney fees if you win. Yet, the Arizona Supreme Court just ruled that the successful party on a claim for breach of the implied warranty of workmanship and habitability qualifies for an attorney-fee award under either a contractual fee provision or A.R.S. § 12-341.01. see Sirrah Enterprises v. Wunderlich…

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A Good Win in 2016

Posted on September 24, 2016 in Arizona Law Regarding Business Disputes

In August of 2016, 22 days before a jury trial I had litigated for 3 years, I knocked the heck out of a corporate entity I deemed an ‘alleged sham’ who had contractually interfered with our client and their prospective business opportunities. We focused on Antwerp Diamond Exch. of Am., Inc. v. Better Bus. Bureau…

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