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Starting January 1, 2022, Arizona will become the first state to completely eliminate peremptory challenges from its jury selection process in both civil and criminal cases. This is a landmark decision that will likely have significant ramifications on future jury trials, verdicts, and the litigation process as a whole. So, what are peremptory challenges? How might the abolition of peremptory challenges impact personal injury cases? Torgenson Law is here to answer your questions. Jury Selection & Peremptory Challenges If you are an Arizona resident eighteen years or older you either have or likely will be summoned for jury duty. If…
Bankruptcy, Restructuring, and Creditors’ Rights Blog What is the Arizona House Bill 2617 and What are the Effects on Both Creditors and Debtors? September 10, 2021 Arizona House Bill 2617 (AZ HB 2617) amends four statutes relating to judgment liens and the homestead exemption; it was signed into law on May 19, 2021, and goes into effect on December 31, 2021. A judgment lien is a lien on real property created after a civil judgment is properly recorded. The homestead exemption is the amount of a home’s equity that is exempt from a forced sale. The homestead exemption generally “protects…
Law firm press releases can be an important part of your overall marketing strategy. However, a poorly written release that doesn’t get published is a waste of time and resources for all involved. Effectively Writing and Publishing Law Firm Press Releases This is the second and final blog in a short series about writing and publishing press releases. The first blog addressed why law firm press releases are still relevant and useful, when it is appropriate and effective to share news through this medium, and how to identify your target audience and media outlets. Here we’ll discuss the elements of…
The Supreme Court of Ohio, Commission on Professionalism, has published Professionalism Dos & Don’ts: Legal Writing.[1] Each Do and Don’t has several subpoints. Over the next few months, I plan to take a more in-depth look at some of these Dos and Don’ts and offer examples and suggestions for how appellate advocates can implement the Dos and avoid the Don’ts. This is the fifth post in the series. Do provide appropriate signposts: Do consider using headings and summaries. Do use transitions between sections that guide the reader from one argument to the next, especially in longer pieces of writing.…
For the Supreme Court, the question of the summer has been whether Justice Stephen Breyer will retire or remain on the Court. Aware that both racial and gender diversity have been historically lacking on the Court, President Biden has promised to nominate an African-American woman if Justice Breyer leaves. Although racial and gender diversity are the most important and most visible considerations in having a diverse Court, President Biden should consider other matters of diversity as well in selecting a nominee. Racial diversity is a top priority. Only two African-Americans have sat on the Supreme Court, and neither has been…
Any person injured in a crash caused by the careless or negligent actions of a truck driver or trucking company should be able to recover compensation for their losses. Crash victims will likely have tremendous expenses in the aftermath of these incidents, but securing compensation can be challenging. Here, we want to discuss the average settlement for a truck accident case in Arizona. A little disclaimer – without fully analyzing the aspects of your particular crash, there is no way to know exactly how much compensation you should receive for your losses. We strongly encourage you to contact a truck
Dog Breeds vs Homeowners Insurance One of the most common home insurance liability claims comes from dog bites and other pet-related injuries. Insurance companies paid $854 million for nearly 17,000 dog bite and injury claims in 2020, according to the Insurance Information Institute (III). Depending on the type of dog you have, you may have a harder time finding homeowners insurance that covers you in the event of a dog bite, according to Janet Ruiz, spokesperson for the III. Common homeowners insurance dog breed restrictions include: Pit bulls Rottweilers German shepherds Doberman pinschers Alaskan malamutes Siberian huskies Chow chows Akitas…
Do you have a passion? I specifically am talking to a passion outside of your work. Maybe you like to play golf, or paint, or play an instrument alone or with others. If you don’t, can you pinpoint where you lost yourself into work or the interests or control of others? Feeling good about your work is important, as is enjoying what you do, because it takes up a lot of your time. Your passions outside of work provide texture to your life. I’m an attorney who prides himself on doing the best I can for my clients to manage…
In our celebrity-focused culture, it often takes a public airing of high-profile individuals’ legal laundry to focus the attention of everyday people on issues that might concern them privately. According to a recent BBC report, her conservatorship is “split into two parts – one is for her estate and financial affairs, the other is for her as a person.” That characterization of how Ms. Spears and her fortune are managed is our cue to transition away from her court challenge and into a practical discussion of conservatorships in general – especially how a conservatorship functions in Arizona and how…
New Federal rules allow patients to get and to read their medical records (this does not apply to mental-health records.) This seems like good news. Now you can read for yourself what your physician is saying about you. Who wouldn’t want that, right? The Good Those advocating for access to their medical records claim that this will leave patients more informed. Knowing what is in their medical records will make them Dear Patient: If you are reading this. . . better medical consumers.  These newly enlightened patients can better discuss their situation with their doctors. In addition, proponents believe that…
Parentheticals are all over legal writing. But rarely do folks talk about why (or whether that’s a good thing). Adding a tidbit of insight or explanation in a parenthetical can do wonders for readers. You can amplify a critical point, provide illuminating examples, and more. But too many thoughtless parentheticals make this tool worthless. And many legal writers fall into the trap of replacing their own explanation and reasoning about the law with a list of parentheticals. Let’s start with when legal writers use parentheticals the wrong way. First, parentheticals are not the right place to include critical points for…
A lane change is a relatively routine procedure. Most people change lanes at least once each time they get out on the roadway. However, lane changes can lead to severe accidents. Here, we want to discuss who could be at fault in the aftermath of a lane change accident in Arizona. In some cases, only one driver will be at fault for these incidents, but it is entirely possible for more than one driver to be at fault for a lane change crash. Fault in an Arizona Lane Change Accident When a vehicle accident occurs, a police report will…
Five Dirty Tricks Insurance Companies Use to Keep Your Money From You As Arizona personal injury attorneys, we have long heard the phrases “ambulance chaser” and “frivolous lawsuits.” These terms often lead to an accident victim’s reluctance in hiring a personal injury attorney.  Understandably, these stereotypes and myths often stem from annoying advertisements such as flashy billboards or corny commercials. However, the misleading negative connotations associated with personal injury attorneys and victims are driven by insurance companies who exaggerate and misrepresent the truth to avoid fully compensating accident victims. It is vital that you remain aware of the strategies…
In the aftermath of being involved in a car accident in Arizona, individuals will be faced with a multitude of decisions surrounding the incident. If you or somebody you care about has been injured in a car accident caused by the actions of someone else, you will very quickly have to decide whether or not to accept an injury settlement from the at-fault party’s insurance carrier. Often, you will also be asked to sign various types of release forms leading up to a settlement. Here, we want to discuss whether or not you should sign release forms when asked…
Since July 12th, 2021, Arizona residents can clean some marijuana-related convictions, thanks to the passage of Proposition 207. This proposition is called the Smart and Safe Arizona Act. Arizona voters passed prop 207 last November 2020. The proposition decriminalized the use of marijuana for recreational purposes. In addition, this allows the expungement of past records for certain low-level offenses. We already blogged about this issue some months ago. Follow this link for more info. WHAT TYPE OF MARIJUANA CONVICTIONS QUALIFY? Not all marijuana-related convictions will qualify. The convictions are limited to these: ⦁ Transporting, consuming 2.5 ounces or less…
If you get injured in an accident in Arizona, you may hear one or both of the following phrases: personal injury and bodily injury. Although these terms may seem the same on the surface, they have two very different legal meanings. Understanding the differences between the two can help you file the correct type of claim and adequately protect your legal rights as a plaintiff. What Is Bodily Injury Coverage? One difference between personal injury and bodily injury lies within the insurance system. These two phrases refer to two different types of insurance coverage: personal injury protection (PIP) and bodily…