Jaburg Wilk

News/Publications

  • Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

    The Holding 

    In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona District Court ruled that aiding and abetting claims against a non-diverse claims manager and a non-diverse adjuster were not fraudulently joined and … Read More

    Categories: Insurance Litigation, Blog

  • Family Law Practice in a Values-Based Culture

    Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of an important relationship - their marriage - it is hard to imagine … Read More

    Categories: Family Law, Article

  • Routine Makes You More Productive

    You know this intuitively. If each day you have to do the same task(s), figuring out the best time of day, time frame and way to do those tasks will help you be more productive. The more you get done, likely the less stress you will have, which is good for you and everyone you deal with.  

    For instance, when I first get into my office each morning I address my email inbox to determine who I need to respond … Read More

    Categories: Other, Blog

  • Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

    The Holding

    In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for judgment as a matter of law on a punitive damages claim and reversed a $750,000 award of punitive damages in a bad faith case arising from an auto theft claim.

    The … Read More

    Categories: Insurance Litigation, Blog

  • Kraig Marton of Jaburg Wilk Receives Employment Law Honor

    PHOENIX, Ariz. (10/20/2017) – Kraig Marton was named the State Bar of Arizona’s Employment & Labor Law Section 2017 “Member of the Year” at the Employment & Labor Law Fall Seminar. Kraig is the Employment Law Chair at the Phoenix law firm of Jaburg Wilk. In his forty year legal career, he has influenced Arizona law, had many noteworthy employment law cases and is an accomplished … Read More

  • Helping Others to Success is in Your Own Best Interest

    Successful people want others to succeed while unsuccessful people secretly hope others fail. I read something like this a while back and it stuck with me. The point is we are all in it together. Rarely does someone succeed alone and even when it appears they did, they probably had someone (or a number of people) helping them along the way.

    Athletes have coaches. And so do many business people and professionals. … Read More

    Categories: Other, Blog

  • Are You Owed Overtime Wages?

    The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any overtime hours, which are defined as any hour worked in excess of 40 hours in a seven-day workweek. The FLSA is complex, and it is not always easy to know whether you may be entitled to a premium … Read More

    Categories: Employment, Article

  • Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

    On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies equally to same-sex marriages as it does to other (opposite-sex) marriages. The decision is particularly interesting since conflicting opinions were recently issued by Divisions 1 and 2 of the … Read More

    Categories: Family Law, Article

  • Answer the Question

    Listen to what people ask you and answer their questions directly. Too many people either do not listen fully to the person they are speaking with or ignore what is being asked. In almost all situations, conversations will go better, and definitely take less time, if the person answering answers the questions instead of going off based on their own agenda.

    I know many of you are thinking “this … Read More

    Categories: Other, Blog

  • Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege

    The Holding

    In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the attorney-client privilege regarding communications with subsequent counsel, simply because the defendant alleged plaintiffs’ contributory negligence and … Read More

    Categories: Insurance Litigation, Blog