American Family Mut. Ins. Co. v. Verdugo, 2017 WL 2211275 (9th Cir. 2017)
Memorandum Decision, a coverage case arising from a homeowners policy, the Ninth Circuit Court of Appeals affirmed an Arizona District Court’s holding that an Abuse Exclusion precluded coverage for derivative negligence claims against Insured’s who allegedly failed to prevent or report abuse.
Insurance Case Overview … Read More
Last week I spoke to the need for continuous self-improvement. Part of that is continually learning throughout your lifetime.
I have mentioned before that my firm has The JW Way, which encapsulates the firm’s unique culture (http://www.jaburgwilk.com/mission-statement). JW Way fundamental 17 is “Be relentless about continuous improvement.” This fundamental speaks to … Read More
Your effort at what you do for a living is everything. You may be smarter, but you can be outworked by someone with less intelligence.
When you were young (and sometimes - to your detriment - when you were older) your mother told you how smart you are. For many, by the time they become teenagers, it changes to you’re smart and if you would just apply yourself you would get better grades. … Read More
You can do better. You can be better. Always. If you don't think so you are only fooling yourself. You must invest in yourself.
If you put your money in a can and bury it in your backyard, it will earn nothing. If you invest these funds instead, they will have the chance to grow. The corollary is if you do not take the time to improve yourself, to learn, you will become stagnant and, in this … Read More
Fun at work? Exactly. If you can't have fun at work, then why are you there? Fun and good work do go together. A joke can even reduce tension during stressful times at work. We all know the saying "Laughter is the best medicine" and inherently know it is true.
This doesn't mean you feel like you have time to joke around with co-workers every day, but, if you think about those type of days, … Read More
Previously, we addressed eight common questions that employers have about Arizona’s new paid sick time (“PST”) law, which goes into effect on July 1, 2017. As the law is complex, we are answering seven of the more difficult, and possibly thorny, questions about the new PST law.
1. Does the new PST law apply to salaried employees who are exempt under the FLSA?
Yes, the new law applies … Read More
Labertew v. Langemeier, 846 F.3d 1028 (9th Cir. 2017)
The Ninth Circuit overruled the Arizona District Court’s dismissal of a garnishment filed by a Plaintiff/Assignee against an Insurer to collect a $1.5 million stipulated judgment entered against an Insurer pursuant to a “Damron Agreement.”
Under a Damron Agreement, if an insurer refuses to defend an insured, then an insured may … Read More
Recently, I called a client to set up a block of time to prepare for mediation. The client didn’t understand why we needed to meet and thought you just go in and see if the dispute can be settled or not. This common misconception regarding mediation speaks to an important topic: preparation.
I had to explain to the client that the two most important times in a lawsuit are mediation and trial. … Read More
One-way to know if you follow up is to ask yourself if things you want to get done do. This includes tasks you or others, whether inside or outside your company, are working on. I know many of you are thinking you shouldn't have to follow up for things to be completed. That is a misplaced thought.
How many times have you realized at or just before the end of the business day a task or project … Read More
The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and internet service providers.
What is a DMCA agent?
In order to employ the safe harbor protections offered by the DMCA, certain types of internet service providers have … Read More