Arizona Law Regarding Business and Real Estate

New Phoenix Case Filed, Arizona in Litigation Against Self

Posted on December 6, 2008 in Arizona Law Regarding Business and Real Estate

Despite being a defendant in the case, state Treasurer Dean Martin is backing a new Arizona lawsuit challenging the state’s decision to raid nearly $30 million from local municipalities to help fix Arizona’s budget mess. This is in spite of already being challenged by my fellow farmers for ‘stealing’ some Arizona County farm set-asides.  WOW!

Martin, claiming the state’s action was unconstitutional, sent a letter directing the Attorney General’s Office from Phoenix to file a legal brief in support of the lawsuit. The Maricopa County Court must rule in favor of the Plaintiff’s in order to promote the rule of law. In essence, Martin is saying to the Plaintiff- you win!

He urged the Maricopa County Courts to rule that budget bills, narrowly passed by the Legislature and signed into law by Democratic Gov. Janet Napolitano, violate a clause in the Arizona Constitution that prohibits raising taxes or boosting spending without two-thirds approval from both the House and Senate. Martin said he wanted the court to expand the case to toss out other budget provisions related to items such as surcharges for defensive-driving school and fees for traffic-camera tickets.

 The law firm of William A. Miller, Esq. in Scottsdale supports 100% Martin’s decision as well as the farm law suits pending. Call Bill for your legal needs at 602-319-6899.

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Another Arizona Meltdown

Posted on December 4, 2008 in Arizona Law Regarding Business and Real Estate

The meltdown of title-insurance company LandAmerica Financial Group Inc. has left scores of real-estate investors and entrepreneurs scrambling to recover money in what were supposed to be a short-term and no-risk arrangement. The investors, from Arizona retirees to a public company, had $400 million on deposit with the LandAmerica subsidiary to take advantage of a real-estate strategy known as a 1031 exchange. A 1031 exchange, named for a section of the U.S. tax code, lets investors delay capital-gains taxes on the proceeds from recently sold property, as long as the investor lets a third party hold the funds. They must reinvest the money in a new property within six months.

At the law firm of William A. Miller in Phoenix, we often tell client’s to go ahead and pay taxes now because the tax rates are historically low and buying again, may well not be wise. Yet, here is a reputable title-insurance company holding 1031 money until such time as the investor decides to reinvest it and poof, it’s gone.

If a lawyer does this in Arizona he loses his license and likely goes to jail. Why; because in Arizona lawyers cannot co-mingle funds. This is a historic wrong and once again, blood will flow in the streets and the lawyers will make a small fortune. What a mess. Someone needs to serve time based on these poor folks losing their hard earned money.

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A Real Arizona Trial Lawyer

Posted on in Arizona Law Regarding Business and Real Estate

I have a buddy who is going through a huge legal battle. He is into the case for over $100,000.00 and there is not even a trial date. He is using one of the biggest law firms in Arizona. So what is the problem? The two lawyers who are billing him for every thought they have had over the last year, have never once actually tried a jury trial. The first question you must ask a prospective lawyer when facing a lawsuit in Arizona, is how many cases have you tried? If it is not over 25, then run, do not walk, out of the office. At the Law Firm of William A. Miller in Scottsdale, we exceed 25, most with very good results and a few disappointments. 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.

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More Lawsuits to Come

Posted on December 3, 2008 in Arizona Law Regarding Business and Real Estate

If you could invest in a law firm, this would be a good time. According to the WSJ, the number of consumers with delinquent mortgages is poised to almost double by the end of next year, hitting its highest level in at least 16 years, according to a leading credit bureau. TransUnion LLC, which analyzed…

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In an Arizona Lawsuit? Keep Good Records or Risk Big Time Losses

Posted on November 26, 2008 in Arizona Law Regarding Business and Real Estate

In a recent Arizona case that involved real estate, an entrepreneur named Caneva owned several businesses, mobile home parks and even an airplane. This guy was a classic Arizona developer. At the law firm of William A. Miller, PLLC, we have seen scores of cases like this. Anyway, in too much debt, he chose to file for Chapter 7 dissolution…

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Arizona Loan Workouts

Posted on November 20, 2008 in Arizona Law Regarding Business and Real Estate

  According to the Wall Street Journal, some mortgage companies are slashing the amounts that borrowers owe, deciding that permanent cuts in loan balances may pay off by helping teetering borrowers avoid foreclosure. There are few lawyers in Arizona who have negotiated more loan workouts than Bill Miller. The most important factors are: (1) Honesty…

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New Law in Business and Real Estate in Arizona

Posted on November 18, 2008 in Arizona Law Regarding Business and Real Estate

Quintero v. Rodgers (11/18/2008): Arizona Court of Appeals Division One Holds That A.R.S. § 14-3110 Precludes Damages for Loss of Enjoyment of Life But Does Not Preclude Recovery of Punitive Damages. Please call William A. Miller Phoenix, Arizona Lawyer at 602-319-6899 with questions. After filing a lawsuit against the defendant, Matthew Rodgers, for injuries suffered…

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Arizona Litigation Trends

Posted on November 16, 2008 in Arizona Law Regarding Business and Real Estate

So what’s up in Arizona and national litigation? Everyone is suing everyone. We opened four new files last week at the law firm of William A. Miller in Scottsdale, Arizona. In its latest annual 2008 Litigation Trends Survey, the international law firm of Fulbright & Jaworski L.L.P. predicts a rise in corporate litigation. “This year’s…

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