Mesch Clark Rothschild Blog

Blog Authors

Latest from Mesch Clark Rothschild Blog

A plaintiff who brings suit may be subject to a physical or mental examination ordered by the court if the plaintiff’s physical or mental condition is at issue in the case, pursuant to Arizona Rule of Civil Procedure Rule 35.  These examinations often occur if there is an unresolved injury, i.e., loss of movement or a traumatic brain injury. In these examinations, an expert hired by the defendant’s insurance company will examine the plaintiff.  Rule 35 permits attendance by a representative of the plaintiff unless attendance would compromise the exam. The examination may be recorded by the least intrusive means…
In Arizona and other states, the adage “possession is nine-tenths of the law” can become a reality when real property is controlled or used by someone other than the true owner. Possessing real property – whether acting as the owner of the property or simply using someone else’s property without permission – can cause the permanent transfer of legal rights in the property to the possessor or user. This occurs in the form of “adverse possession” and “prescriptive easements.” Through adverse possession, legal ownership of property is permanently transferred from the original titleholder to the possessor of the land as…
Are you or someone you know experiencing or has experienced domestic violence or abuse?  Does it seem that there is inadequate consideration for the abuse suffered in either the criminal or family law proceeding?  Have you talked to an attorney about bringing a personal injury claim? Many victims of abuse often find themselves mired in either a criminal case or a family law case, which are not the place to address an injury from abuse.  This often leaves victims feeling unable to access justice for the wrongs they have experienced. In a criminal court of law, the case is about…
A continued low-price environment for commodities, trade uncertainty and COVID-19 issues impacting supply chains and labor costs have continued to put pressure on family farmers. In the first quarter of 2020 there were 170 Chapter 12 bankruptcies nationwide up from 130 during the same period in 2019. Despite an increase in the debt limit from $4.4 Million to $10 Million to allow for more Chapter 12 filings in April of 2019 as part of the Family Farmer Relief Act, less than 1% of those who filed for Chapter 12 protection in the first quarter of 2020 had debt between $4.4-$10…
Even before the Coronavirus/COVID-19 pandemic, construction projects involved significant risks for owners, contractors, subcontractors, and suppliers. Untold changes in circumstances related to the prices and availability of labor and materials, hidden conditions, and acts or events within or outside the parties’ control have the potential to turn a lucrative project into one that leads to ruin.  Accordingly, one of the primary functions of construction contracts is to allocate these risks so it is clear who will pay for increased costs if something unexpected happens. Now that we are in the midst of the pandemic and all of the disruptions that…
Estate litigation can be downright awful. That is not to say that a great good cannot be done by advocating the rights of a Decedent in a financial exploitation action, or to assist an heir where a loved one now deceased was unduly influenced in writing a will. Ultimately, a lawsuit is never so sweet except when victory includes collecting a litigant’s attorney’s fees. Today, in every practice area of law, the rules for collecting attorney’s fees whether as a remedy or a sanction are different with some exception, including attorney fees collected in contract. Attorney’s Fees in Trusts &…
Arizona’s Mechanics’ and Materialmen’s Lien laws are a powerful tool available to contractors, subcontractors, and suppliers to ensure they are paid for the labor and materials they provide.  The risk of foreclosing on a property deters many owners from unreasonably withholding payment when it is due.  But like any tool, you have to use it correctly to get the best results. Arizona’s lien laws are technical (see A.R.S. § 33-981 et seq.)   Avoid common mistakes by making sure you (a) timely serve a complete preliminary notice on each necessary party within 20-days of starting the work or first providing materials…
Arizona’s astonishing number of coronavirus cases have many business owners wondering whether a COVID-19 liability waiver is necessary or worth it. The premise of a liability waiver is that the person signing the waiver explicitly recognizes there are risks involved in the activity with which one is about to engage (skydiving, bungee jumping, race car driving, etc.). In legal terms, this recognition of the risk is used as a defense called “assumption of the risk.” Essentially, this means the business owner should not be liable for injuries a person sustains while engaged in the risk-producing activity because the person was…
Cases involving persons who die or are seriously injured after drowning in a body of water are amongst the most tragic category of personal injury cases. Many times, people will blame themselves or the swimmer for the drowning. This is a common misconception, as people do not understand how individuals behave around bodies of water and the rules associated with them.  While drownings are rarely witnessed, an experienced attorney can often put together how the drowning occurred to determine who is legally responsible for the injury.  This service alone can provide much needed closure to family and friends of victims…
How will Spot, your beloved family dog, be cared for after you are gone? Who will look after Spot to make sure he is cared for, loved and fed? How will you know for certain that those who will look after him will have the money and resources to do so? A pet trust can provide answers to these questions. A pet trust is a legal arrangement, which can be made part of your existing trust, that provides for the care and maintenance of a pet (or pets) in the event of the owner’s death or incapacitation and functions the…
A dog attack or bite can cause serious damage. Damages include recoveries for both physical and emotional injuries. This can include medical expenses, lost wages, pain and suffering and any other out-of-pocket expenses. Below are some commonly Issues regarding dog bite cases in Arizona. Is an Owner in Arizona Liable for a dog bite? Yes. Arizona provides for strict liability for damages caused by a dog bite. A.R.S. §11-1025. This means that so long as the victim was lawfully on  the property where the victim was bit, it does not matter if the owner knew of the attack, the…
Motorcycle collisions are a subset of motor vehicle accidents. They are unique. As such, attorneys with experience in these matters generally obtain better outcomes for their clients as compared to “general” personal injury attorneys. Mesch Clark Rothschild has handled many hundreds of motorcycle accident cases in Tucson and throughout Arizona in its nearly 65 years of existence. If you or a contact has been injured in a motorcycle accident, please call Mesch Clark Rothschild at (520) 624-8886 for a free consultation in order to determine how we can help. Mesch Clark Rothschild lawyers’ experience representing those involved in motorcycle…