Dog Bites Landscaper! (What should you do?)
If a customer's dog bites you, a landscaper, pest control operator, utility worker or other worker that has a legitmate and legal reason to access someone's property, the first thing to do is seek medical attention! After receiving medical care, you might want to think about this: who should pay for medical care? In most cases, the dog's owner will be liable for damages, but that will depend upon a couple of … Read More
Obesity in the Workplace
No doubt being overweight can pose a health problem. But is it a protected disability under the Americans with Disabilities Act of 1992 (ADA) that bars employers from discriminating against employees or prospective employees who are obese? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be.
In BNSF Railway Co. v. … Read More
Don't Fire that Employee for a Facebook Posting Just Yet
If it hasn't happened to your company yet, it will. One of your employees may post a disparaging remark on-line about the company, company practices or a member of management. The employee may even use profanity in the posting. However, before you react and fire the employee you should know that, depending on the nature of the posting, the employee may be engaging in what the National Labor Relations Board (" … Read More
Medical Marijuana And Your Drug Free Workplace
Arizona's Medical Marijuana Act, (the "Act"), A.R.S. §36-2810, was effective January 1, 2011. Many employers did not know how to incorporate the Act into their existing drug-free workplace policies.
The Act prohibits an employer from discriminating against an employee because he or she is a registered medical marijuana user, but neither the Act nor the ADHS regulations issued to interpret and implement the … Read More
Arizona's Notice of Claim Statute- Jumping Through Hoops When Suing State Government or Its Agencies or Political Subdivisions
By David N. Farren
For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing public services. The Arizona Notice of Claim Statute was enacted in 1994, and it has been a trap for the unwary ever since.
The Notice of Claim Statute lurks behind any claim … Read More
Contractual Attorney Fee Awards May be Contested
In a recent decision, the Arizona Court of Appeals, Division One, issued a ruling moving the burden of proving reasonableness of attorneys' fees sought by a successful party to the applicant. The underlying contract contained a fee shifting provision.
In Geller v. Lesk, P.3d 2012, 2012 WL 4364241 (App. Sept. 25, 2012), the Court of Appeals held that even where there is a contractual fee … Read More
Arizona Court of Appeals Decision Adds Confusion to the Interpretation of the Anti-Deficiency Statutes
In a decision issued on December 27, 2011, the Arizona Court of Appeals held that Arizona's anti-deficiency statute applies to debtors who purchase vacant land with the intent to reside on the property upon completion of construction of a home even if they do not complete construction or actually occupy the property.
In M&I Marshall & Ilsley Bank v. Mueller, 1 CA-CV 10-0804, the debtors purchased a … Read More
I Don't Think We are Going to Remain Friends - What Happens When Owners of Closely Held Companies are Deadlocked or in Dispute with Each Other or Former Employees
You and a friend, family member, or even a spouse, decided to go into business together. At first, things were great because of the possibilities and the excitement that new challenges bring. You may have formed a corporation, a limited liability company, a partnership or even operated as a sole proprietorship. If there are only two of you, you might have owned the company equally, which … Read More
Are There Fiduciary Duties Between Members in an Arizona LLC?
In 1992, the Arizona legislature enacted the Arizona Limited Liability Company Act. Since that time the LLC has become the entity of choice for many individuals, businesses, partners and investors. While there obviously are differences between corporations and LLCs, attorneys in Arizona have always believed that there were many similarities.
For instance, when you form a corporation Articles of … Read More
Not All Customer Lists Are Trade Secrets
In a case decided this past April, the Arizona Court of Appeals found that whether a business's customer list is a trade secret requires a factual inquiry. Calisi v. Unified Financial Services, LLC, Case No. 1 CA-CV-0812. The court's holding requires a two part inquiry to determine whether a customer list is, in fact, a trade secret.
First, a trial court must determine whether the customer list has been kept … Read More