Arizona Trials

What is Right is Right

Posted on September 15, 2011 in Arizona Law Regarding Business Disputes

A new group has made even Karl Marx do ‘back flips’ in his state owned grave. Politicians get asked all the time to sign pledges — about war, abortion, taxes and countless other issues. Now, a coalition of far left legal groups is asking people to sign a new pledge “to support the whole Constitution.”

These groups have dishonored the document for years-and-years by appointing those Judges who ‘legislate from the bench’ and think the Constitution… lives and changes… which is code language for’ we are smarter than the Founding Fathers.’

These groups need to read the Federalist Papers.

Only one who believes in original intent is worthy of an appointment to the bench, otherwise you are saying that our culture i.e. South Park, Kardasians and Jersey Shore, should be our social benchmarks.

Arizona Trial & Business Law

William A. Miller, Esq.

William A. Miller, PLLC

8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258

New Law Regarding Arizona Foreclosure

Posted on February 24, 2011 in Arizona Law Regarding Business and Real Estate

Under Arizona Senate Bill 1259, we may become the first state to require lenders to prove they have the legal right to foreclose by proving up a list of all owners of the deed of trust, under a bill passed yesterday by our Senate.

The law, which is headed to the House after being approved 28-2 in the Republican-dominated Senate, would allow foreclosure sales to be voided if
lenders that didn’t originate the loan can’t produce the full chain of title. This is in line with our statutes, which permit nonjudicial foreclosures, meaning property can be forfeited with a court order.

Lawmakers in states including New York, Oregon and Virginia
also have proposed legislation to address concerns among consumer advocates that lenders or mortgage servicers are using incomplete or false paperwork to repossess properties in default. The attorneys general of all 50 states are jointly investigating how the mortgage-servicing industry operates.

The stakes are high and this is the least the banks can do before they re-take a home or commercial property. Call Bill Miller at 602-319-6899 with questions about your legal rights. He has been an Arizona trial lawyer for over 24 years and has successfully defended many wrongful foreclosure proceedings.

Arizona Trial & Business Law

William A. Miller, Esq.

William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258

Say it. Don’t Spray it!

Posted on February 17, 2011 in Arizona Law Regarding Business Disputes

When 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.”

Street Smarts

Posted on November 23, 2010 in Arizona Law Regarding Business and Real Estate

My dad, a University professor, taught me how to be street smart. I think he knew the futility of arrogance and he wanted me to not think too highly of myself. Little typifies street smarts better than an experience I often have. My favorite pizza joint in Phoenix is the Red Devil. It has been…

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To the Left to the Left

Posted on June 25, 2010 in Arizona Law Regarding Business and Real Estate

For 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…

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A Ship without a Sail

Posted on June 2, 2009 in Arizona Law Regarding Business and Real Estate

I 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…

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I Left my Heart in California

Posted on February 20, 2009 in Arizona Law Regarding Business and Real Estate

I 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…

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Deep Pockets

Posted on February 4, 2009 in Arizona Law Regarding Business and Real Estate

When I broke the NCFE (http://articles.latimes.com/2008/nov/01/business/fi-poulsen1) fraud back in 2002, the first thing I did was sue the third-party professionals, the lawyers, accountants and financial firms, who helped NCFE commit their crimes. My favorite law school professor Charles Ayers always said, “go for the deep pockets.” Well, it is now time for the Minnesota accounting…

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There is Nothing New Under the Sun

Posted on January 1, 2009 in Arizona Law Regarding Business and Real Estate

OK, it’s now 2009 and we are all looking for a fresh start. We settled three significant matters at the law firm of William A. Miller in Phoenix, Arizona, over the last 30 days. I like to say, “I am a patriot first and a conservative second” and this quote from Cicero in 55 BC…

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Old School vs. New School

Posted on December 30, 2008 in Arizona Law Regarding Business Disputes

At the law firm of William A. Miller in Scottsdale, Arizona, we use technology to its fullest. In one of my first trials, I had 10 yellow note pads, nothing else. That is old school. Now, high stakes litigation requires movie-like demonstrations. When movie producer, J. Katzenberg and Goodyear went to court last year in…

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