In Criminal
Found not guilty on Aggravated Assault charges
C.A. was arrested and charged with 3 counts of Aggravated Assault Dangerous; Armed Robbery; Attempted Armed Robbery; First Degree Burglary Dangerous; Kidnapping; and Conspiracy. These charges were all Class 2 and Class 3 Felonies. C.A. faced a possible 30+ years in prison.
W.C., after interviews with witnesses and discussion with the State Prosecutor, proceeded to go to trial with this matter. After a very pointed cross examination of witnesses on the stand, and a strong closing argument which exploited the State's weaknesses in this matter, C.A. was found not guilty on ALL charges and was able to leave Court that day a free man.
Charged with DUI - charges were dismissed
D.L. was charged with DUI, a class 1 misdemeanor, and faced up to 6 months in jail, fines, and mandatory alcohol counseling. The matter was set for trial, and after considerable research, investigation, and interviews, C.C. drafted a Motion to Suppress. The court granted C.C.'s motion which the state was unable to counter.
D.L. received no jail time and the charges were dismissed.
Two New Bills to Effect All DUI Cases
Recently the Governor of the State of Arizona, Janet Napolitano, signed two bills into law. Ninety days after the close of sessions this year, these new changes will come into effect and will affect all individuals convicted of Driving Under the Influence.
Under Senate Bill 1252, by statute, judges would have their discretion to suspend a portion of the jail time imposed by law taken away, for first offense conviction of an Extreme Driving Under the Influence (Ext DUI) violation. This would mean that anyone convicted of an Ext DUI (Blood Alcohol Concentration (BAC) of 0.15 or greater), would be jailed for the full 30 consecutive days as required by statute and not have all but 10 days suspended- as has been the case in numerous previous instances.
Case dismissed and no jail time for Shoplifting
E.V. was arrested and charged with Shoplifting – a Class 1 Misdemeanor: E.V. faced up to 6 months in jail for this offense.
Attorney C.C., after receiving this matter, started an aggressive and pointed attack on the State's case against E.V. After several interviews and discussion with the State, C.C. wrote a letter to the hardship committee and explained the issues related to the State's weaknesses in their case, such as lack of intent.
The result for E.V. was to have the case dismissed and E.V. faced no jail time or other punishment for this event.
Found Not Guilty of the Aggravated D.U.I.
K.K. was arrested and charged with an Aggravated D.U.I., after an automobile accident. K.K.’s Blood Alcohol was a .166 and .167. As a result of the blood alcohol level and the specifics involved with this matter, the possible range of incarceration in prison was 4 month to a maximum of 3.9 years.
M.E., once apprised of K.K.’s situation, took aggressive action to attack the State’s case against K.K. After analyzing the blood records, the specifics of the case, and interviewing the witnesses, it was decided that this matter would be better served with a jury trial, rather than accepting the limited plea offer that the State chose to offer.
As a result of M.E.’s ability in explaining the specifics in court to the Jury, K.K. was found Not Guilty of the Aggravated D.U.I.
Charged with Sexual Indecency - case dismissed
N.L. was arrested and charged with Sexual Indecency: N.L. faced up to 6 months in jail for this offense.
C.C. after receiving this matter, started an aggressive and pointed attack on the State's case against N.L. After several interviews, the State returned with an offer of 90 days for N.L.
After discussion with N.L., C.C., wrote a Motion to Dismiss based on an improper photo lineup used by the State. With the Trial already set, the Court proceeded with the trial and after attorney C.C. questioned the victim, the victim could not identify our client in court. The case was dismissed.
*Initials are used to protect the innocent.
In Injury
Pfizer Begins to Settle Claims for Injuries Related to Celebrex and Bextra
Pfizer Inc. is one of the true giants of the pharmaceutical industry, and the company has introduced many different medications to the market that have provided a tremendous benefit to patients of several maladies. However, Pfizer, it must be remembered, is still a for-profit corporation, which means that there are times when risks are taken with medications, and sometimes those risks ultimately outweigh the rewards.
That appears to have been the case with two drugs that were enormous revenue generators in recent years, Celebrex and Bextra. Each of these medications encountered its own set of difficulties, and each was found to have caused irreparable harm in thousands of people around the United States.
As a result, several thousand injured patients who were taking either Celebrex or Bextra ultimately had no choice but to file lawsuits against Pfizer in an attempt to hold the company accountable for those unforeseen consequences. Pfizer held strong for months and in some cases years, but recent news has been released and reported in The Wall Street Journal that the company is beginning the process of offering and negotiating settlements for those who have filed lawsuits against the manufacturer.
Plaintiff attorneys from law firms that collectively represent over 200 injured consumers have reported that Pfizer is offering settlements in the range of $200,000.00 per client for those injured by Bextra and approximately $40,000.00 - $50,000.00 per client for those who have suffered as a result of taking Celebrex.
Pfizer officials, per internal policy, did not comment on the specifics of the situation, but the same plaintiff attorneys stated that the company continues to negotiate settlements with others who have filed suit. The most accurate details that are available have been alluded to by Pfizer lawyers, and they have hinted that the company has set aside as much as $500 million to deal with these litigation issues.
COX-2 Inhibitors
Bextra and Celebrex are both pain medications, and both fall within the class of medications known as COX-2 Inhibitors. The most notorious member of this drug class was Vioxx, which has been linked to heart attacks and was ultimately pulled from shelves in a widely-publicized recall.
Bextra was also recalled by Pfizer in April of 2005, but Celebrex, which was the subject of an advisory by experts reporting to the FDA, was found to provide benefits that outweigh its overall risks to patients, despite the plethora of lawsuits and now settlement negotiations that are now taking place.
If you have suffered as a result of taking these medications, it may not be too late to protect your rights. Contact the law firm of Phillips & Associates as soon as possible to schedule a free initial consultation.
4.85 Billion Vioxx® Settlement
Victims of the dangerous drug Vioxx® shared a monumental $4.85 billion victory against pharmaceutical giant Merck yesterday. The agreement established two separate settlement funds, one for stroke victims and another for heart attack victims. Eligibility for these funds is to be determined on an individual basis.
If you or a loved one has suffered a stroke or heart attack as a result of using Vioxx®, contact our lawyers today to find out if you qualify for financial compensation.
Firm Still Accepting Fosamax® cases
The Serious Injury Attorneys and Phillips & Associates are fighting hard to educate the public on the risks associated with Fosamax®. Presently, our firm represents hundreds of clients who have been injured by Fosamax® and our firm is taking a leadership in the fight to obtain justice for many victims.
10 million men and women have osteoporosis: a disease that weakens and degenerates the bones mainly in the elderly, causing them to be more susceptible to fracture and injury. Fosamax® is a drug prescribed to increase bone mass for those who have weak, degenerating bones. For those with weak bones, this drug can be helpful.
However, Merck and Co. advertised this product to people whose bones were neither close to degeneration nor susceptible to being easily fractured. In addition to advertising the medication to those who don't genuinely need it, it was prescribed to patients for life.
Patients were being charged 150 dollars per month, and the sales topped $3 billion a year. Although studies had shown that after approximately 5 years the drug had the ability to stay in the bone, Fosamax® continued to advertise their product was to be taken for life. Despite the fact that the drug was not genuinely needed after 5 years, Fosamax® continued to make unnecessary profits.
In addition to their fraudulent advertising, this drug has also been shown to increase the brittleness of bone in many women. The most traumatic problem with Fosamax® is the serious effect it has upon the jawbones of some who take the drug for several months or more. The bone actually dies and a condition called Osteronecrosis of the jaw (ONJ) may develop. This painful and deteriorative condition involves missing, broken or loose teeth, "jaw bone" fractures, and soft tissue swelling. This is not only extremely painful, but expensive.
If you have any of these symptoms and have taken the drug Fosamax®, please call our firm immediately for a free consultation.
Phillips and Associates Now Accepting AVANDIA® cases
The Avandia® Lawyers at Phillips & Associates continue to work hard in effort to achieve justice for thousands of people who took the prescription drug Avandia® and then later suffered a heart attack or stroke.
Diabetes Mellitus II (Type 2 Diabetes) is one of the most common serious medical problems in the United States today. This disease has the tendency to increase blood sugar levels in the blood which may cause heart attack or stroke. There are several drugs that control this condition. Avandia® was one of the most prominent prescription drugs to hit the market and was advertised as the safest and best drug to control blood sugar, meaning it is the best drug to lower the risk of heart attack and stroke.
Despite the drug's claims, recent studies have shown that Avandia® actually may increase the risk of a heart attack by almost 50%. Avandia's® only other competitor, Actos®, does not seem to show a similar problem. Although Avandia® is the largest selling medicine of its kind, doctors are asking themselves if prescribing it is worth the risk.
After recent hearings by Congress and the FDA, the drug is also expected to be given a black box warning of these risks, which is just a step below pulling it off the market entirely. This occurred after hearings in which one FDA scientist urged that Avandia be pulled from the market entirely. Presently, more studies are underway and Avandia® could be pulled from the market in the future. If you or a loved one has suffered from a heart attack or stroke due to Avandia®, call us now. We want to help you.
3.1 Million Recovered in Accident
On January 17, 2006 our litigation team, including Attorneys John Schill, Robert Clarke, and Tim Tonkin, began trial and ultimately recovered 3.1 million on behalf of numerous victims of a large truck and tractor-trailer accident. The recovery occurred after a six week jury trial in Cochise County, Arizona. The victims included the wives, parents, and children of three men who died fiery, tragic deaths on October 1, 2001 when a tractor-trailer owned by Yellow Freight crashed into their Chevy Blazer on Interstate 10 near Wilcox, Arizona.
Liability was highly contested by the trucking company and our attorneys met the challenges of numerous defenses and defense experts' opinions, many raised for the first time during the jury trial. We committed both the resources and personnel necessary to try the best case possible. Mota v. Yellow Freight.
In Bankruptcy
Valley Bankruptcies Skyrocket
by Russ Wiles - May. 8, 2008 02:26 PM
The Arizona Republic
The number of Valley-area bankruptcy filings more than doubled in April as the soft economy and lingering housing ills came home to roost.
Some 1,104 Phoenix-area consumers and businesses filed for protection from creditors last month, up from 548 in April 2007, reported the U.S. Bankruptcy Court in Phoenix.
That's the largest year-over-year increase since a 345 percent surge in October 2005, shortly before a change in federal law tightened the rules on bankruptcy filings.
"Housing is really the main thing right now," said Ericka Young, a personal-finance coach at Tailor-Made Budgets in Mesa. "Most of my clients having money problems are at least a month or two behind on their mortgage payments."
The April increase was sparked by a 111 percent jump in Chapter 7 filings, the main consumer category. Chapter 7 cases are straight liquidations of nonexempt assets.
Chapter 13 filings, the second most common type, rose 71 percent. These are reorganizations in which debtors with regular income work out repayment plans with creditors.
Nationally, consumer bankruptcies vaulted 48 percent in April to 92,291 cases, according to the American Bankruptcy Institute, citing data from the National Bankruptcy Research Center. U.S. filings are on pace to top 1 million this year, said the ABI's executive director, Samuel J. Gerdano.
Philips & Associates is Arizona's leading Bankruptcy Filer in 2006
RECENT NEWS − Since January 2006, Phillips & Associates has filed over 646 cases. This fact makes the firm among the leaders in bankruptcy filings nationwide. In August 2006, the Bankruptcy Attorneys at Phillips and Associates filed 94 new bankruptcy cases in the District of Arizona. There were a total of 403 total consumer cases filed in the District of Arizona and Philips and Associates filed 23.3% of these cases. As a result, Phillips and Associates is Arizona's single Largest Bankruptcy filer. Our experienced Attorneys continue to find creative ways to help people with financial problems. If you have questions on Bankruptcy, Debt Consolidation or just want to reduce your credit card bills, please call now for a free evaluation.
The Automatic Stay ends after 30 days if debtors had a previous case pending within one year
Before Bankruptcy reform, the automatic stay acted like a federal protective order staying creditors' actions in the collection of certain kinds of debt. Now, the automatic stay can now end after only 30 days for some people. That is, if a debtor had a bankruptcy case pending during the year preceding the bankruptcy filing, the automatic stay may only be in effect for 30 days. It appears that the Bankruptcy Courts lack a uniform approach on whether the stay ends for all creditors or just selected ones. Likewise uncertainty exists whether the stay ends to all property of the debtor or just certain property. The experienced staff of Phillips & Associates has handled these difficult issues and others. Call for a free appointment. We want to help.
