Is There a Presumption in Favor of Equal Parenting Time?
By Mervyn T. Braude
A.R.S. §25-103 provides as follows:
25-103. Purposes of title; application of title
A. It is declared that the public policy of this state and the general purposes of this title are:
To promote strong families;
To promote strong family values.
B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More
5 Easy Steps to Derail Your Attorney/Client Relationship
When clients come to me for legal advice, I assume they will consider my advice, if not follow it. However, for sake of argument, let's say you are different and you want to know the best ways to negatively impact the attorney/client relationship. In my opinion, there are five ways to get your relationship off to a bad start, or if it was going well, to insure that it gets worse. For both … Read More
Follow the CC&R's Because it's the Rules!
There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or "CC&R's." There are those who live there because there are CC&R's, and there are those who live there despite the fact that there are CC&R's. The concept behind CC&R's is quite simple. If a group of people who own … Read More
Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance
In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer's conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000. In so holding, the Court of Appeals continues Arizona's trend of reducing punitive damages … Read More
Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects
Cemex v. Falcone Bros.
On April 30, 2015, Arizona's most common construction industry practice for serving a Preliminary Twenty Day Notice ("Prelim") on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc. In Falcone Bros., the … Read More
Arizona's "Whistleblower" Laws: Tread Carefully
A "whistleblower" is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for "blowing the whistle." For example, the Sarbanes Oaxley Act prohibits publicly traded companies from discriminating against an … Read More
Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors
Both federal and state labor authorities are hot on the trail of companies who hire employees and call them "independent contractors." The United States Department of Labor (DOL) has entered into a Memorandum of Understanding with a number of states, including Arizona, mandating the enforcement of laws pertaining to properly classifying employees as employees. The DOL and these states have made this … Read More
What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One
By David Farren
You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph titled “No Disparagement.” You see that this means neither party will “disparage” the other . . . ever. You call your attorney, who … Read More
Arizona’s New Construction Defect Law is Effective the Summer of 2015
On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona's construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015.
The intent of this new law is to limit the number of construction defect lawsuits brought by homeowners. However, expansion of … Read More
Behavioral Health Billing Alert
Providers of behavioral health services should be aware that the fifth edition of the American Psychiatric Association's Diagnostic and Statistical Manual (DSM-5), released in May 2013 after more than ten years in preparation, contains references to International Classification of Diseases version 9 (ICD-9) codes, and not to the newer ICD-10 codes. No publication date for a sixth revision of this Manual has … Read More