Jaburg Wilk

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  • Joint Custody and Legal Decision Making

    Joint Custody and Legal Decision Making

    In Hull v. Wesley [1] the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication.  These medications were taken during the pregnancy.  The child was born addicted to the pain medication and suffered withdrawal and complications after birth. The Appeals Court opinion is a … Read More

    Categories: Family Law, Article

  • Will My Commercial Liability Insurance Cover an ADA Lawsuit?

    Will My Commercial Liability Insurance Cover an ADA Lawsuit?

    Question:  

    I notified my commercial liability insurance carrier of the lawsuit but they denied coverage – why?

    Answer:

    Very few companies are able to secure insurance coverage for the defense of their ADA accessibility lawsuits. CGL carriers commonly deny coverage for these lawsuits because an “injury” under the ADA typically does not qualify as a personal injury or property damage under … Read More

    Categories: Business, Other, Article, Blog

  • Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisidction- Mexico, Arizona, or California? 

    The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. 

    Facts of the Child Custody Case 

    The facts of the case are interesting. … Read More

    Categories: Family Law, Article

  • What is Opting Out?

    What is Opting Out?

    Video Transcript

    What is Opting Out? Are There Advantages in Doing So?

    Opting out is resolving a family law dispute outside the judicial system. I think that the parties can achieve clear advantages by choosing to opt out and resolve their issues outside the traditional judicial system. One is that the parties control their own destiny. If they opt out by choosing to agree to resolve their issues, then they … Read More

    Categories: Family Law, Article

  • DOL Changes Overtime Rules

    DOL Changes Overtime Rules

    New FSLA Overtime Rules

    The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act of 1938 ("FLSA"). These new rules are expected to affect over 4.2 million employees and will become effective December 1, 2016. Before we discuss the changes, let's take a step back and discuss the current rules, many of which will remain in effect … Read More

    Categories: Employment, Article

  • Can I Force My Spouse to Give Back the Ring?

    Can I Force My Spouse to Give Back the Ring?

    Video Transcript:

    Yes you can. However, you aren’t going to be very successful. Unfortunately, when you give a wedding ring it is a gift. There are cases that will talk about a conditional gift. If you have tied the knot, and you both have complied with your agreement then she gets to keep the ring. However, if you give the ring and you don’t get married there are cases that say that the condition of … Read More

    Categories: Family Law, Article

  • Equitable Subrogation and the Replacement Doctrine

    Equitable Subrogation and the Replacement Doctrine

    All real estate professionals and investors are familiar with the concept of the priority of liens.  As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is "superior" to the one that is recorded later, which, in turn, is "subordinate" to the one that is recorded first.  This "ranking" of liens becomes critical if a lien is foreclosed, as upon the … Read More

    Categories: Real Estate, Article

  • Issues in Gray Divorces

    Issues in Gray Divorces

    The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divorces including the availability of Social … Read More

    Categories: Family Law, Article

  • Negotiating a Lease Renewal Option

    Negotiating a Lease Renewal Option

    Most tenants and their real estate agents who negotiate commercial leases accept that many of the terms in the landlord’s “form” lease favor the landlord.  One term, however, that favors only the tenant, and which every commercial tenant should seek to include in their lease, is an option to extend the lease term.  The reason that said term is only for the benefit of the tenant is that … Read More

    Categories: Real Estate, Article

  • The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors.  After all, it is a lot easier and saves money.  But those days may be changing.  Changes in policy and stepped up enforcement now make it highly risky for any employer to classify any individual … Read More

    Categories: Employment, Article