Hiatt_v._Shah

In 2010 upset Arizona investors sued a video developer in Maricopa County Court. There ended up being three separate cases. The Judge appointed a receiver to handle this. Later, in a settlement agreement the receiver issued Receivership Certificates to Hiatt and Shah granting them powerful purchase rights on receivership assets. The developer was unable to complete its game and the receiver decided to liquidate. The court set a claims bar date. Hiatt failed to submit a claim until several weeks after the bar date. The receiver wanted to allow Hiatt’s untimely claim because it was a receivership debt and the receiver had actual notice of it. Shah objected but the court approved the distribution plan, which included Hiatt. Shah, pretty upset then appealed.
The Court of Appeals held that receivership courts have broad discretion accept claims made after a bar date. A review of cases from other jurisdictions supports the holding that courts can exercise equitable discretion over late-filed claims. The Arizona Court of Appeals summarized: Hiatt, in good faith, did not believe a claim was necessary; the receiver and other parties were already aware of the claim; and the claim delay was relatively short and inconsequential. The Court of Appeals declined to address whether excusable neglect was the standard for allowing untimely claims because Shah waived that issue by failing to raise it below. Just watch your key Court dates. If you miss one, there are sometimes remedies. Feel free to call Bill Miller at 602-319-6899 to discuss.

Araceli King, a claims specialist from Texas, isn’t a man named Luiz.
The distinction is clear. Yet, cable bill collectors, who were under the mistaken impression that she was another person and wouldn’t stop calling her about a late payment.
Even after she got on the phone with a representative and explained to them that they were robocalling the wrong person, the company kept calling: another 150 times over a 10-month period, still leaving messages addressed to “Luiz.” This happens in Arizona frequently.
A federal judge awarded her $230,000 in damages, saying he hoped the judgment would encourage companies to be more careful about who they’re robo-calling.
Ms. King sued under the Telephone Consumer Protection Act, a 24-year-old law that requires telemarketers to maintain company-specific do-not-call lists and imposes restrictions on unsolicited robocalls to mobile phones.
We are happy to look at your case if it involves this type of harassment. If we cannot handle it, we will endeavor to send you to a lawyer who does. Give Attorney 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 & escrow.

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