Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case
City of Phoenix v. First State Ins Co., 2016 WL 4592906 (D. Ariz. Sept. 2, 2016)
(Order), a coverage and bad faith case arising from an Insurer denying an Insured, the City of Phoenix, defense and indemnity from a personal injury claim resulting from asbestos exposure, the Arizona District Court held that the opinion of the Insured’s bad faith expert “will be excluded to the extent that it … Read More
All Business is Relationships
It is important to remember how to be a member of the group. And don't make it only about business. Relax. All business is relationships, and it is where you need to do a good job. If you are not, you've got to tweak the formula.
Even if you know the answer, don't always volunteer it. Many people don't want to be wrong. Never. If you correct them, they're alienated from you, and that might work against … Read More
Do Things for Others and Expect Nothing in Return
One thing I have learned is to do things for others, yet expect nothing. That's right, you need to rely on karma. Do good deeds and you will be on the receiving end in the future.
Connect people. Refer people. Forward that article you know your colleague, friend or family member will be interested in. Send a card or a letter - you know, the way we used to keep in contact before email and texting & … Read More
What is a Business Divorce?
I’m Roger Cohen. I’m a shareholder at Jaburg Wilk. I’ve been practicing law for thirty-seven years. My primary areas of practice are commercial litigation, business transactions and business disputes of all shapes and sizes.
What is a business divorce?
Business divorce is the business equivalent of a real divorce. People have partnerships with their co-shareholders or the … Read More
Supreme Court Rules on Cheerleader Uniform Case
US Supreme Court Rules on Star Athletica, LLC v. Varsity Brands, Inc.
On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case. Star Athletica, LLC v. Varsity Brands, Inc.
The Court decided whether designs on cheerleader uniforms were entitled to copyright protection. Copyright law protects “pictorial, graphic or sculptural … Read More
Arizona Prop 206 Upheld by Arizona Supreme Court
Paid Sick Time Off is Required by Arizona Employers
Some employers were taking the "wait and see" approach with Prop 206 due to the legal challenge filed by the Arizona Chamber of Commerce. The waiting is now over. On March 15, 2017, the Arizona Supreme Court voted unanimously to uphold Prop 206. In other words, Prop 206 is here to stay, and employers need to comply or face serious consequences. Prop 206, in a … Read More
Offers of Judgment in Arizona Bad Faith Cases
In Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline[d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).”
In Arizona, … Read More
Arizona Bad Faith Insurance Update
In Romero v. Mendota Ins. Co., 2016 WL 6775950 (D. Ariz. Nov. 16, 2016), the Arizona District Court granted a Motion to Remand a breach of contract and insurance bad faith case arising from UIM claims-despite the Insureds certifying the case was worth more than the $50,000 compulsory arbitration limit and seeking punitive damages-because the Insurer did not prove the amount in controversy "more likely than … Read More
We Are All Salespeople
I wanted to go to law school, but knew for sure after an interview with Pitney Bowes. The interviewer asked me to sell him widgets. I never tried to close the deal, so you can imagine the result of the interview. In addition to thinking law was interesting, I thought I was going into a profession that didn't require selling. I was wrong.
In law you can sell or not. But if you don't, others will … Read More
Say Thank You Like You Actually Mean It!
We live in a fast-paced transactional world. With the speed everything moves people sometimes resort to a text, email or similarly transactional electronic thank you. But if you resort to relaying a thank you by email, text or social media flavor of the month it is destined for the electronic scrapheap and likely will not be remembered. Be different and either write thank you notes or call.
It takes … Read More