Arizona Law Regarding Business Disputes
Say it. Don’t Spray it!
Posted on February 17, 2011 in Arizona Law Regarding Business DisputesWhen I was a kid, Mr. Winn, my 5th grade teacher would say… “Say it. Don’t spray it!” We all knew what he meant. I just put up about 25 pleadings from the Mortgages Limited fiasco. The Sierra club will go nuts on how many trees we will kill in this case. Note, the lawyers on both sides write pretty good. The Defendants have 38 lawyers. No doubt another 20 will join. The Plaintiff’s have 1.
We are all trying to make a complex matter understandable. At the Scottsdale law firm of William A. Miller we try hard to write clear. Some lawyers pull this off. Others do not. 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.
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
A long winded brief filed in the Supreme Court lost its audience in the the very first sentence of the brief:
The issue presented in this case — which arises under the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7101, et seq. (“Federal Labor Statute”) — is whether the most basic policies of that Act should play any role in a major area of its administration, viz., in determining whether a union acting as the exclusive collective bargaining representative of federal sector employees — having been selected by those employees through the secret ballot electoral processes provided by federal law — is entitled to the disclosure of personnel records of bargaining unit employees when such disclosure is “necessary for the full and proper” performance of that representative’s collective bargaining functions.
The writer of that sentence asked way too much. Must be they are paid by the word. By contrast, this lawyer got it right:
There is an old riddle: Which weighs more, a ton of feathers or a ton of bricks? While many find the question deceptive at first, the correct answer, that a ton is a ton regardless of what is being weighed, becomes irrefutably clear once explained. But in enacting and now defending the NR Exemption, the State has managed to get the answer wrong — a ton of soybeans or chicken feed is treated as though it weighs less than a ton of baked beans or dog food.
The reader is sure to understand the point.
If you need help with any legal matters feel free to call Scottsdale, Arizona trial lawyer Bill Miller at 602-319-6899. We take cases involving:
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.
William A. Miller, PLLC, is an Arizona law firm dedicated to this simple philosophy: In every case we handle, we strive to be the best! To demand of ourselves the highest standard of diligence and follow through. To turn over every stone. To return client calls immediately and not hide behind “lawyer speak” when confronted with tough issues. Our mandate is to treat our clients with the highest level of respect, integrity and empathy – to “do unto others as you would have them do unto you.”
Who’s on First
Posted on August 20, 2010 in Arizona Law Regarding Business and Real EstateMortgages bundled into securities were a favorite trick of Wall Street at the height of the big bubble. The securities changed hands frequently, the French bought billions, and the investment banks profiting from mortgage payments were often not the same parties that made the loans. At the heart of this disconnect was the Mortgage Electronic Registration System, or MERS, a company that serves as the mortgagee of record for lenders, allowing mortgage pools to transfer without the necessity of recording. The point was investment banker fees without responsibility or accountability to the home owner!
MERS was made for the banks, but courts are now slamming down the impact of all of this financial juggling when it comes to mortgage ownership. To foreclose on real property, the plaintiff must be able to establish the chain of title entitling it to relief. As MERS has acknowledged that MERS is a “nominee”—an entity appointed by the true owner simply for the purpose of holding property in order to facilitate transactions. Recent court opinions stress that this defect is not just a procedural but is a substantive failure, one that is fatal to the plaintiff’s legal ability to foreclose.
The latest decisions came down in California on May 20, 2010, in a bankruptcy case called In re Walker, Case no. 10-21656-E–11. The court held that MERSbecause it was a mere nominee; and that as a result, plaintiff Citibank could not collect on its claim. The judge opined:
Since no evidence of MERS’ ownership of the underlying note has been offered, and
other courts have concluded that MERS does not own the underlying notes, this
court is convinced that MERS had no interest it could transfer to Citibank.
Since MERS did not own the underlying note, it could not transfer the
beneficial interest of the Deed of Trust to another. Any attempt to transfer
the beneficial interest of a trust deed without ownership of the underlying
note is void under California law.
While not binding on courts in other jurisdictions, the ruling could serve as persuasive precedent there as well, because the court cited non-bankruptcy cases related to the lack of authority of MERS, and because the opinion is consistent with prior rulings in Idaho and Nevada Bankruptcy courts on the same issue. Call Bill Miller at 480-948-3095 a long standing Arizona Trial and Real Estate Lawyer located in Scottsdale.
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
To the Left to the Left
Posted on June 25, 2010 in Arizona Law Regarding Business and Real EstateFor a long time conservative like me, this is a tough issue to blog on. I lean left on the Gulf oil spill mess. So, call me a flaming liberal; no pun intended.
For over a month or two, Obama watched the oil spill spread over the Gulf of Mexico with the same powerless shock as other Americans. Regarding this, the right wing pundits got a big time pay back for Bush slander on Katrina. Yep, Bush should have stopped the hurricane & Obama could plug the leak.
Lampooned by his contingency & ‘my people’ for his impotence, Obama was spurred into action. He attacked the only available party—BP—and, to underline the stress with which he takes this problem, he gave his first Oval Office address on the subject. Lawsuits! That is what the professional/motivational speaker/professor said. Where is “mission-accomplished-bush” when you need him!
Obama’s address got poor reviews; his attack on BP better ones. Last week the firm bowed to pressure, and announced that it was, in effect, handing over $20 billion to the government to pay for compensation and clean-up, as well as cancelling the payment of any dividends this year and setting up a fund—of a mere $100m—to compensate unemployed oil workers.
This may do Obama some good. Whether it will benefit our friends in the Gulf is more doubtful. Businessmen are already blue, shot-down by the economy and nervous of their president’s attitude towards free markets.
I lean very left on this one. Where are those ‘onerous-left-wing-regulations” when you need them? Anyone who says the ‘free market’ can solve this mess needs history lessons.
Go get ‘em Obama! Sue everyone later, but fix the problem first.
May God richly bless our friends in the Gulf as this drags on.
Make sure to call Bill Miller @ 480-948-3095, a 22 year Arizona litigation and trial lawyer with any questions about Arizona law or Maricopa County courts.
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
More Investors Sue Greenberg Traurig and Mayer Hoffman
Posted on June 3, 2010 in Arizona Law Regarding Business and Real EstateFollowing on the heels of the federal class-action lawsuit filed against two national law firms and national accounting firms last week in Phoenix, Greenberg Traurig and Mayer Hoffman McCann and its affiliates find themselves on the wrong end of another investor lawsuit to recover some $52.3 million that the investors claim the lawyers and auditors…
Read MoreA Ship without a Sail
Posted on June 2, 2009 in Arizona Law Regarding Business and Real EstateI just finished lunch with one of the smartest and richest guys in Paradise Valley, Arizona. He knows I am writing this post as he teased me about being silent the last few weeks. I told him I was WORKING on legal briefs and I did not have time to blog about the Arizona legal…
Read MoreThe Next Shoe to Drop
Posted on April 8, 2009 in Arizona Law Regarding Business and Real EstateIn 1988, one of my first legal projects was to get a bank from Colorado off the back of a local developer who had built a shopping center. It turns out the bank was fearful that Arizona was about to enter a bad season in commercial real estate, the only problem was the developer was…
Read MoreSandals to Sandals in 3 Generations
Posted on March 16, 2009 in Arizona Law Regarding Business DisputesAs a real estate lawyer working in Paradise Valley and Scottsdale for over 20 years, I have seen scores of families ship-wrecked by money. ‘Around the world, inherited wealth is hard to preserve, says an article from Intelligent Life, a quarterly published by one of my favorite journals The Economist: Families that preserve their wealth over the generations are rare….
Read MoreMoney is Green
Posted on March 2, 2009 in Arizona Law Regarding Business and Real EstateWhy are all the con men now “going green”? Pretty simple. These are the same type of idiots and narcissistic jerks who polluted our rivers in the 1940-50’s. It is where the money is. It is easy money because there are no rules. It is a brand new industry and language and the best B.S….
Read MoreI Left my Heart in California
Posted on February 20, 2009 in Arizona Law Regarding Business and Real EstateI just sent in my annual money for registration of a vintage car I own to the great State of California. I drive it too much, yet I cannot bear to drop the California plates. The car is classic, just like my memories of California. It is where I was born, but I was raised…
Read MoreNo Ticky, No Laundry
Posted on February 19, 2009 in Arizona Law Regarding Business and Real EstateAt the law firm of William A. Miller in Phoenix Arizona, we take Arizona-granted licenses as a privilege. You cannot build a house without a contractor’s license. You cannot give legal advice without a law degree and license to practice law. Good luck suing in this State if you do not possess one. If you…
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