Jaburg Wilk

News/Publications

Archives

Archives / 2014 / October
  • Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014),[1] the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation. In so holding, the Supreme Court clarified that stipulated facts in Damron Agreements regarding liability do bind an … Read More

    Categories: Insurance Litigation, Article

  • Don’t Bogart That Medical Marijuana, My Caregiver

    "The medical marijuana is actually for the caregiver," my dad explained. I did not know that. "Everyone knows that," he assured me, having discovered as much in his support group. My mother was dying of lung cancer, and in the full throes of cancer pain, helped very little by Vicodin, Oxycontin, or even morphine. My dad had been awake most of the night for weeks, caring for his wife of 51 years. Pain has a sound, … Read More

    Categories: Appellate

  • How Does Arizona Same Sex Marriage Impact HR?

    On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?

    1. The definition of spouse in employee manuals and handbooks. If a generic definition, such as "spouse" is used, there should not be a need to update. However, if a specific definition was used such as "wife" or "husband" the employee manual may need … Read More

    Categories: Employment, Article

  • Ash and Amber are Getting Married! (Judge Sedwick Says So)

    This is the wedding announcement to the world that our kind, smiling, infinitely patient IT person Ash is getting married. She and Amber have been together seven years and they had the wedding planned anyway, in San Diego, but now Judge Sedwick has impliedly blessed it. Ash, with the calm but no nonsense demeanor. Ash, of the "did you try rebooting already" school of business. Ash and Amber. In a four page ruling, … Read More

  • In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.

    The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both income and expenses in order to provide the family … Read More

    Categories: Family Law, Article

  • When In Doubt, Disclose, Disclose, Disclose

    So Joe, who lives and works in Chicago, has decided that he wasn't getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for sale.  A buyer is quickly procured, and Joe's listing broker presents him with form entitled "Residential Seller's Property Disclosure Statement," commonly referred to as a "SPDS" ( … Read More

    Categories: Real Estate, Article

  • Sexual Materials and Divorce

    The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another.  However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight. 

    I recently read an article in … Read More

    Categories: Family Law, Article

  • Domestic Violence and Divorce

    Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence ("DV") is bigger than most American's realize.  Most of the statistics used to describe the problem are obtained using reported acts, but there are a significant number of acts that never get reported.  According to the … Read More

    Categories: Family Law, Article

  • What is a Subordination, Non-Disturbance and Attornment Agreement, and Why Do I Need One?

    While most commercial leases contain a requirement that the tenant will execute a "Subordination, Non-Disturbance and Attornment Agreement," commonly referred to a an "SNDA," a majority of tenants who have signed such leases, and most likely several of the real estate agents who have represented those tenants, would be hard pressed to explain the meaning of an SNDA, and why they are needed by both commercial … Read More

    Categories: Real Estate, Article