Jaburg Wilk

Kathi M. Sandweiss

Partner


Contact

Phone: Work602-248-1052

Email:

Jaburg Wilk
Work 3200 N. Central Avenue Suite 2000 Phoenix, AZ   85012
USA

Assistant: Sharon Kuller

Assistant Phone: 602-248-1021

Kathi Sandweiss, a former award-winning television journalist, now enjoys a combined arbitration and appellate practice. She is a partner at Jaburg & Wilk, P.C., where she has practiced law over 30 years. Since 2016, Kathi has been an active commercial arbitrator on the roster of the American Arbitration Association. Her AAA cases have included complex asbestos trust claims, franchise agreements, service agreements, landlord/tenant disputes, emergency injunctive relief in a cannabis dispute and multiple consumer claims. She served as sole arbiter on a complex commercial case, with over $1.4 million in dispute, involving issues of breach of contract, UCC and agriculture law. She is currently chair of a three-arbitrator panel in a complex multi-state arbitration. In her capacity as an AAA neutral, she has addressed various procedural issues, including arbitrability, attorney disqualification, jurisdiction and discovery disputes. More

To read my blog 'That is appealing!', click here.

Published Cases
  • Wells Fargo Bank N.A. v. Rogers, 239 Ariz. 106, 366 P.3d 583 (App. 2016).
  • Hoag v. French, 238 Ariz. 118, 357 P.3d 153 (App. 2015).
  • Rogone v.Correia, 236 Arizona. 43, 335 P.3d 1122 (App. 2014), review denied (Apr. 21, 2015).  Click here to read decision.
  • BT Capital, LLC v. TD Serv. Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012)
  • Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir. 2010)
  • Knappenberger v. City of Phoenix,566 F.3d 936 (9th Cir. 2009). 
  • In re Estate of Friedman, 217 Ariz. 548, 177 P.3d 290 (App. 2008)
  • Rackmaster Systems, Inc. v. Maderia,219 Ariz. 60, 193 P.3d 314 (App. 2008)
  • Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693, 483 (App. 2006)
  • Anderson v. Contes, 212 Ariz. 122, 128 P.3d 239 (App. 2006)
  • Case Corporation v. Gehrke, 208 Ariz. 140, 91 P.3d 362 (App. 2004)
  • Paxson v. Glovitz, 203 Ariz. 63, 50 P.3d 420 (App. 2002), review denied (2002).  
  • In re Krohn, 203 Ariz. 205, 52 P.3d 774 (2002) (appeared as amicus curiae).
  • Matter of Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (App. 1996).
  • Valley National Bank of Arizona v. Kohlase, 182 Ariz. 436, 897 P.2d 738 (App. 1995).
  • Mid Kansas v. Dynamic Development Corporation, 167 Ariz. 122, 804 P.2d 1310 (1991).
Professional Experience
  • Lead attorney in Jaburg Wilk's Appellate Law Department.
  • Filed more than 100 appellate briefs and petitions for review in the Arizona Court of Appeals, the Arizona Supreme Court, the Bankruptcy Appellate Panel, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court.
  • Unique experience and practice in Bankruptcy appeals
  • Extensive experience in commercial litigation
  • Contributor to State Bar of Arizona Arizona Attorney Blog
  • Prior to beginning her legal career, Kathi worked as an on-air radio and television news reporter, winning a 1982 Rocky Mountain Emmy for the series "The Phoenix Epidemic."
Case Highlights

Fighting for a child's legacy, and making new law. When a child's biological father died, the decedent's parents claimed to be the only heirs because the child had been adopted by his mother's husband. Kathi represented the child in an appeal, resulting in the published decision Matter of Estate of Ryan, 187 Ariz. 311, 928 P.2d 735 (App. 1996), and the determination that the adopted child retained inheritance rights from both biological parents.

Winning Supreme Court backing. The Arizona Supreme Court adopted Kathi's position in a brief she'd written on behalf of her client, in an amicus brief filed in an appeal. In Mid Kansas Federal Sav. and Loan Ass'n of Wichita v. Dynamic Development Corp., 167 Ariz. 122, 804 P.2d 1310 (1991), the court found that the principles of merger and extinguishment did not apply and did not preclude a construction lender, which had acquired title to property at trustee's sale, from bringing a deficiency action against a developer for the balance due on a note.

Defining and Analyzing Complex Community Property Law. A creditor garnished a couples' community property bank account to satisfy an out-of-state judgment against the husband, based upon a personal guaranty signed only by the husband. Kathi represented the couple on appeal, resulting in the published decision Rackmaster v. Maderia, 193 P.3d 314 (App. 2008). The Court concluded that Arizona law bars collection of the guaranteed debt from the community's property, and protects the rights of a spouse who has not signed a personal guaranty.

Professional & Civic Service
  • Member of American Arbitration Association®’s Roster of Arbitrators and Mediators
  • Maricopa County Superior Court, Former Judge Pro Tem
  • Arizona State Bar Appellate Practice Section, Past Chair
  • Lecturer on a variety of appellate practice issues, including participation in annual Arizona State Bar seminar, "Bankruptcy Ambushes Lurking in the Legal Jungle."
  • Organized and moderated 2001 Arizona State Bar convention seminar, "Don't Lose Your Appeal: Traps for the Unwary."
  • Faculty member, Arizona Appellate Practice Institute.
  • Lectured on Uniform Commercial Code-Sales, attorney conflicts and disqualification, inheritance rights of adoptive children, the Arizona homestead statute, and more.
  • Published articles include "Adoptive Child's Right to Inherit," Arizona Attorney, March 1997; "Preserving the Family Farm in an Urban Age: Recent Changes to the Arizona Judgment Lien and Homestead Statutes," Arizona Attorney, September 1997 and "Foreign Judgments and Community Property," Arizona Attorney, November 2009.
  • Temple Chai, Healing Committee
  • Master of the Bench, Former Horace Rumpole American Inn of Court
  • Girls on the Run, Previously Volunteered as a Running Buddy
  • Hospice of the Valley, Former Volunteer
  • Wills for Heroes Foundation, Volunteer
Testimonials

"In this litigious environment it is imperative that organizations have proper legal guidance. Kathi Sandweiss at Jaburg & Wilk has done an incredible job of representing both myself personally and our organization for over 20 years. She has handled simple to exceedingly complex cases. Her creative approaches, attention to detail, and ability to deliver high quality service in a timely manner have proven invaluable for my company. It has been my privilege to work with Kathi, and I can highly recommend her work!"
- Mark I. Levy, D.C., President, Emergency Chiropractic

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