Phoenix Legal News

Liability concerns Chandler FD

2008-12-08T15:53:00.000-08:00

It's a little slow on legal news here in the Valley, but here's an interesting story about Chandler Fire Department that could have liability implications:

"Chandler Fire Department cited over masks"
Devon Hersom, Tribune

The Chandler Fire Department did not properly test the safety masks of four firefighters on a yearly basis, which could have exposed the men to harmful chemicals, according to the Arizona Division of the Occupational Safety and Health Administration.

An investigation began in October after OSHA received an anonymous written complaint accusing the department of ignoring seal checks on firefighter safety masks, said OSHA Arizona division assistant director Bill Wright.

"The employer did not ensure employees were fit-tested prior to initial use, upon receiving a different size, style, make or model respirator, and at least annually thereafter," according to the investigation report.

Read Full Article East Valley Tribune

Posted by Probation Violation Lawyer Phoenix Arizona

Renzi Case

2008-12-04T15:46:00.000-08:00

Serious activity is going on with Rep. Rick Renzi's corruption case. AZ Central has the story:

"Lawyers clash over language in Renzi case"
Associated Press

TUCSON - A defense lawyer on Thursday urged a federal magistrate to throw out corruption charges against retiring U.S. Rep. Rick Renzi, contending that the government repeatedly violated the Arizona congressman's constitutional protections.

Attorney Reid Weingarten said the government violated provisions of the Constitution's “speech or debate” clause, which grants members of Congress protections for their legislative acts.

“When the history of the Renzi case is told, I believe it will be about the speech or debate clause,” Weingarten told a federal magistrate at the start of a two-day hearing on pretrial motions in the case. “I believe the speech or debate clause dominates this case.”

Read Full Article AZ Central

Posted by Phoenix Lawyer DUI Arizona

Border Agent Case

2008-11-03T16:15:00.001-08:00

Although this isn't Phoenix area, it still has some very interesting developments and potential results.

"Jury still out in Border Patrol agent's trial"
Associated Press

TUCSON- After a weekend break, jurors in Tucson are set to resume deliberations in the second trial for a U.S. Border Patrol agent facing charges in the killing of an illegal immigrant.

Read Full Article AZ Central

Posted by Phoenix Personal Injury Lawyers

Mesa making changes

2008-10-28T15:46:00.000-07:00

After the recent MCSO immigration raid at the City of Mesa buildings, the municipality is seeking to tighten up hiring practices by their contractors. AZ Central has the story:

"Mesa re-evaluates policy after immigration raid"
by Gary Nelson, The Arizona Republic

Mesa will re-evaluate its relationships with contractors to avoid immigration-related problems like those that led to a sheriff's raid on city buildings this month, Mayor Scott Smith said Tuesday.

His comments came in the wake of an Oct. 16 raid on the Mesa City Plaza and main library targeting employees of a janitorial firm suspected of using fraudulent identities to hide their immigration status. Deputies also searched a city security office.

That afternoon, Smith accused Sheriff Joe Arpaio of endangering public safety by not telling Mesa in advance of the raid.

Read Full Article AZ Central

Posted by Phoenix Light Rail Lawyer

Maricopa Jail System

2008-10-23T17:08:00.000-07:00

A federal judge just decided that the Maricopa County Jails are not up to constitutional standards. AZ Central has the story:

"Judge backs county inmates in jail case"
by JJ Hensley and Lindsey Collom, The Arizona Republic

A federal judge has sided with inmates' claims that conditions in Maricopa County jails continue to violate their constitutional rights.

U.S. District Court Judge Neil V. Wake on Wednesday modified a 1995 judgment that laid guidelines for a wide range of issues in Maricopa County jails, including medical and mental-health care, population control and record keeping.

Maricopa County sheriff's officials said they plan to comply with the judge's orders.

Read Full Article AZ Central

Posted by Phoenix Bicycle Accident Lawyer

I.D. Theft and Supreme Court

2008-10-20T15:39:00.000-07:00

Apparently there has been an issue rising about illegal immigrants also being charged with I.D. theft for use of a social security number. The SC has agreed to take it. AZ Central has the story:

"High court will decide ID theft case"
Oct. 20, 2008, Associated Press

WASHINGTON - The Supreme Court agreed Monday to decide whether people picked up on immigration violations also can face charges of identity theft if they use Social Security and other identification numbers that belong to others.

Federal appeals courts have split over whether the defendant must know that the phony ID numbers belong to a real person and the court said it will resolve the question.

Federal prosecutors have increasingly been bringing the more serious identity theft charges against undocumented immigrants, including many who were arrested in raids on meatpacking plants.

Read Full Article AZ Central

Posted by Phoenix Criminal Attorney Arizona

Wachovia and Citi

2008-10-15T09:44:00.000-07:00

What happened exactly with the failed Citigroup takeover of Wachovia? Citigroup has filed in a New York FDC to recoup losses (they're requesting compensation) arising from the deal. Phoenix Business Journal has the story:

"Court filings outline demise of Citi-Wachovia deal"
Phoenix Business Journal - by John Downey

The gone-sour deal to sell Wachovia Corp.’s banking operations to Citigroup Inc. began with a 5 a.m. phone call Wachovia’s Bob Steel made to Citigroup’s Vikram Pandit on Sept. 26.

The deal was sealed 71 hours later, at 4 a.m. Sept. 29, when federal regulators told Citigroup its $2.16 billion offer had been accepted. But it was dead 92 hours later, when Steel called Pandit at 2:15 a.m. Oct. 3 to say he was taking a $15.1 billion offer from Wells Fargo & Co.

In the four days from the agreement to its break, Citigroup (NYSE:C) said it provided Wachovia (NYSE:WB) with $1.2 billion in liquidity to keep the bank operating.

Read Full Article Phoenix Business Journal

Posted by Phoenix Personal Injury Lawyer Arizona

Health Worker Trial Continued

2008-10-09T10:13:00.000-07:00

I had an earlier post about this case, whereby some Scottsdale health employees were charged with failing to report alleged sexual abuse. The health company is now demanding answers into why police did not report the alleged incident. Check out AZ Central:

"Attorneys: Police neglected to report abuse" case
by Ofelia Madrid - Oct. 8, 2008, The Arizona Republic

SCOTTSDALE - As four of its employees stood trial on charges of failing to report a case of patient sexual abuse, attorneys for Scottsdale Healthcare fired off a letter demanding an internal investigation into why police neglected to report the case to state authorities as required by law.

Now, more than a month after the letter, company officials say they are still waiting for an answer.

Three of the employees, including a company vice president, were convicted last week of waiting 32 days before reporting the incident, while charges against the fourth were dismissed.

Read Full Article AZ Central

Posted by Phoenix DUI and DWI Lawyer

New Times v. Andrew Thomas

2008-10-08T15:29:00.000-07:00

The New Times has had periodic disputes with County Attorney, Andrew Thomas, in recent years. A federal judge dismissed the New Times' suit and felt there was not a 1st Amendment violation. EV Tribune has the story:

"New Times’ suit against county attorney tossed"

A federal judge on Tuesday dismissed a lawsuit filed against the Maricopa County Attorney’s Office by executives of the New Times newspaper.

The suit accused County Attorney Andrew Thomas and his office of negligence, conspiracy and racketeering, and violating the constitutional rights of two journalists by arresting them for publishing details of a grand jury subpoena.

Read Full Article East VAlley Tribune

Posted by Arizona Wrongful Death Attorney

Laveen could shape the future of zoning

2008-10-07T10:13:00.000-07:00

Laveen, facing ever-increasing encroachment from Phoenix development, is fighting to challenge numerous "rezonings" in their area. Legally this may greatly restrict municipal power, so we'll just have to keep an eye on this. AZ Central has the story:

"Crusade could bring flurry of zoning referendums"
by Casey Newton, The Arizona Republic

Laveen resident Randy Jones is cruising up 35th Avenue in his pickup truck, a pair of neighbors in the backseat and Toby Keith on the radio, when he spots a sign announcing a possible rezoning.

Most Valley residents shrug at signs like this one, if they see them at all. Jones pulls over like a cop responding to a crime.

"That could be troublesome," says Carol Pacey, a fellow activist, as she whips out a pen and paper. Jones agrees. They scribble down the developer's information.

Read Full Article AZ Central

Posted by Phoenix DUI Defense Attorney

Scottsdale Pedestrian Accident/Wrongful Death Case

2008-10-06T11:18:00.000-07:00

The City of Scottsdale is in the middle of a lawsuit, whereby a family is alleging that a city crosswalk was unsafe and partly responsible for the death of their family member. The city is looking at a settlement at the moment. East Valley Tribune has the story:

"City considers settlement in crosswalk death"
Ari Cohn, Tribune

After a car struck and killed arts enthusiast Richard Cohen as he crossed Drinkwater Boulevard next to the Scottsdale Center for the Performing Arts last year, his family sued the city, saying the heavily used crosswalk is unsafe.

Cohen, 81, who walked with a cane, was crossing Drinkwater at Second Street at 10:30 p.m. in February 2007 when the driver of a Jeep Cherokee hit him and drove away.

Cohen's wife, Constance, who was with him when he was hit, claims the pedestrian signal is not long enough to allow slow walkers like the elderly or the disabled to make it across safely, according to the lawsuit, filed in November in Maricopa County Superior Court.

Read Full Article East Valley Tribune

Posted by Phoenix Divorce and Family Law Attorney

Maricopa County Attorney

2008-10-02T10:31:00.000-07:00

The candidates for County Attorney had a big debate last night. Check out this link for the transcipts of the debate: ABC 15 Story

Posted by Phoenix Bankruptcy Lawyer

Virtual Meetings

2008-09-30T15:40:00.000-07:00

A legal opinion was issued by AZ AG okaying virtual meetings for local public bodies (though with obvious reservations). AZ Central has the story:

"Ariz. AG: 'Virtual' meetings are OK"

Associated Press

Attorney General Terry Goddard says Arizona school boards, city councils and other public bodies can meet online to discuss public business but that they need to accommodate the public.

Read Full Article AZ Central

Posted by Phoenix Injury and Accident Lawyers

Attorney Threatened

2008-09-26T10:29:00.000-07:00

This probably wasn't the wisest course of action. A man threatened a U.S. Attorney in AZ. He has been subsequently indicted. AZDailySun has the story:

"Mexican man accused of threatening U.S. Attorney"

Friday, September 26, 2008

PHOENIX (AP) -- A Mexican man has been indicted by a federal grand jury in Phoenix for allegedly threatening to assault or kill the U.S. Attorney for Arizona and an assistant prosecutor, an official said Thursday.

Julian Javier Salazar-Martinez faces four charges, including threatening a public official and obstruction of justice. The U.S. attorney's office in San Diego is prosecuting the case because the victims work for the Arizona office, said Christopher Tenorio, a prosecutor in the San Diego office who is assigned to the case.

Read Full Article AZ Daily Sun

Posted by Phoenix DUI Lawyer Arizona

Hospital Trial

2008-09-24T11:08:00.000-07:00

East Valley Tribune has a very interesting article concerning a case of alleged sexual abuse at a hospital. Though enough evidence wasn't found, a group of employees is being prosecuted for failing to properly report the incident. Here's the story:

"Hospital workers' misdemeanor trial resumes"
Mike Sakal, Tribune

Employees at Scottsdale Healthcare Osborn hospital told investigators they believed that "something bad" happened as early as November to a 23-year-old incapacitated heart patient.

A psychiatrist and other caregivers at the hospital described the woman, who was in the second-floor intensive care unit, as suddenly becoming scared, restless, angry and depressed, according to Scottsdale City Court documents.

The woman suffered a severe stroke, and could not speak. She could only draw and make gestures.

Read Full Article East Valley Tribune

Posted by Phoenix Personal Injury Lawyer

Agricultural investigations

2008-09-23T10:35:00.000-07:00

Although not directly related to Phoenix, I figured with a heavy agricultural sector in Arizona, this could be interesting news. Some industries are under investigation. Check out the lawinfo.com article:

"Tomato processing, egg products industries probed"
The Associated Press, WASHINGTON

A federal investigation into possible food price-fixing has been expanded to include two major industries, tomato processing and egg products.

The Justice Department confirmed Tuesday that prosecutors are conducting separate inquiries into whether the tomato and egg industries engaged in anticompetitive practices.

Federal prosecutors also have been looking at possible price-fixing in the citrus industry for at least a year.

Read Full Article Lawinfo

Posted by Phoenix personal Injury and Accident Attorneys

Crime Down in PHX ??

2008-09-22T11:22:00.000-07:00

Looks like in AZ, our serious crime rates went down last year. That's good news for law enfocement in the state. I wonder if the courts are noticing less of a criminal load? ABC15 has the story on crime rates:

"Crime stats lower across Arizona, what about your city?"
Reported by: Dan Siegel

Newly released FBI data indicates that both violent and property crimes fell in Arizona and across the nation.

Nationally, violent crimes decreased for the first time since 2005.

Read Full Article ABC 15

Posted by Phoenix Injury and Accident Lawyer

UA Tragedy court case

2008-09-19T11:52:00.000-07:00

Last fall, if everyone remembers, a dorm student stabbed her roommate to death. This case is serious, as the prosecutor is going first degree for the charges. We'll see what the jury does. AZ Central has the latest:

"Jury gets case in UA dorm stabbing"
Associated Press

TUCSON - A University of Arizona freshman committed premeditated first-degree murder in the fatal stabbing of her roommate, a prosecutor told jurors Thursday, but the defendant's lawyer said the jury would conclude otherwise in fully considering the evidence.

After lawyers concluded their closing arguments, the weeklong trial of 19-year-old Galareka Harrison was turned over to jurors late in the day to begin deliberating Friday.

"This is a case of overwhelming premeditated murder," Deputy Pima County Attorney Rick Unklesbay said in his summation. "You will not find a case with more premeditation than the one that you have before you."

Read Full Article AZ Central

Posted by Phoenix Personal Injury and Accident Attorneys

Reciprocity

2008-09-18T11:12:00.000-07:00

Looks like the pretty stringent requirements regarding practing law in AZ just loosened (at least a bit). AZ Central has the story:

"Arizona justices approve lawyer-reciprocity rule"
by Craig Harris, The Arizona Republic

After a nearly two-year wait, a Phoenix attorney has persuaded the Arizona Supreme Court to make it easier for lawyers outside the state to practice law here.

Timothy Burr said the change also will help Arizona attorneys do work elsewhere, because the rule change gives reciprocity rights to about 40 other states.

Read Full Article AZ Central

Posted by Phoenix Personal Injury Lawyers

Supreme Court

2008-09-16T10:53:00.000-07:00

Although Obama and McCain draw the majority of media attention, the 2008 election will be very important for the Supreme Court. The President may get the attention, but the courts have power to strike down, even what Obama or McCain could do in office. CNN has an excellent excerpt here from an author, Jeffrey Toobin. Check out the link and maybe you'll like his book.

"Excerpt: 2008 election will define court's future"
CNN Article

By Jeffrey Toobin

CNN.com has been running excerpts from CNN senior legal analyst Jeffrey Toobin's book, "The Nine: Inside the Secret World of the Supreme Court," published by Random House. This is the Epilogue.

On the day that President Bush nominated John Roberts to the Supreme Court, the future chief justice reflected upon the great symbol at the heart of Cass Gilbert's design -- the steps.

"I always got a lump in throat whenever I walked up those marble steps to argue a case before the court," Roberts said, "and I don't think it was just from the nerves."

Read Full Article CNN

Posted by Phoenix Construction Site Accident Lawyer

"Business group uses Web site to fight IRS"

2008-09-11T16:43:00.000-07:00

Found this article in the Phoenix Business Journal:

by Kent Hoover Washington Bureau Chief

Like Howard Beale in "Network," small businesses are mad as hell, and they're not going to take it anymore.

The target of their wrath is the Internal Revenue Service, which contends underreported income by sole proprietors and small businesses is a major contributor to the nearly $300 billion gap between what should be paid in taxes every year and what is actually collected. The IRS has increased its audits of small businesses and proposed several steps to require more third-party reporting of payments made to businesses.

Read Full Article Phoenix Business Journal

Posted by Phoenix Wrongful Death Lawyers

Updates in Phoenix Legal Community

2008-09-09T13:29:00.000-07:00

The AZ Business Gazette provides updates to the legal employment developments in Phoenix Metro. Enjoy...article is titled: "Phoenix labor and employment firm adds 3 attorneys"

by John McLean - Sept. 4, 2008 12:00 AM
Arizona Business Gazette

Ford & Harrison, a labor and employment law firm in Phoenix, has added three attorneys to its Phoenix office.

Dinita L. James, a partner in their Tampa, Fla., office relocated to Phoenix. She is experienced in litigating complex matters in state and federal court, including large employment-discrimination class actions and collective actions. She received her law degree from the University of North Carolina School of Law, graduating first in her class in 1990.

Steve Coleman joined as an associate and practices on employment litigation, with a focus on Title VII, ADA, ADEA and state-law discrimination cases. He received his law degree cum laude from Georgetown University Law Center in 2002.

Read Full Article Arizona Business Gazette

Posted by Phoenix Personal Injury Lawyer

"9th Circuit Orders Class To Exhaust Tribal Remedies Before Suing In Federal Court "

2008-09-05T11:00:00.000-07:00

Mealey Publications
Sept. 2, 2008

PORTLAND, Ore. — On a motion to reconsider a July 2006 order reinstating a personal injury class action lawsuit against the U.S. Department of Housing and Urban Development and the Blackfeet Tribal Housing Authority for exposure to chemicals in pressure treated wood, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the federal government did not undertake a trust relationship with the plaintiffs to construct or maintain the housing (Martin Marceau, et al v. Blackfeet Housing Authority, et al., No. 04-35210, 9th. Cir.; 2008 U.S. App. LEXIS 18028).

Read Full Article LexisOne News

Posted by Phoenix Personal Injury Lawyer

"Texas drops half of cases in polygamist sect raid"

2008-09-04T14:30:00.000-07:00

The Associated Press
SAN ANGELO, Texas

Child by child, Texas authorities are acknowledging that many of the children seized during a raid on a polygamist sect's ranch can safely live with their parents or guardians.

Since the April 3 raid on the Yearning for Zion Ranch in Eldorado, 235 children's custody cases have been dropped, meaning fewer than half of the 440 children seized remain bound by a court order to stay in Texas, attend parenting classes or be available for unannounced visits by Child Protective Services.

CPS spokesman Patrick Crimmins said more cases are likely to be dropped but he was unsure how many.

Read Full Article LawInfo.com News

Posted by Phoenix Accident Attorneys

Post 1

2008-09-04T13:56:00.000-07:00

Immigration Getting Tough on L-1 Visas

John Pacenti
Daily Business Review
March 18, 2008

Some small South Florida businesses are finding the so-called "Gateway to Latin America" opens only so far when they try to hold onto their executives and managers.

Immigration attorneys say the U.S. Citizenship and Immigration Services has taken a stricter view of multinational executives. As a result, the agency is denying more L-1 visas, which allow international transfers of employees with specialized knowledge.

Read Full Article Law.com News

Posted by Phoenix Accident Attorneys