Law Blog

InDoubleAA Builders, Ltd.v.Preferred Contractors Insurance Company, LLC,--- P.3d ----, 2016 WL 7508079, *1(Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgmentin favor ofanAdditional InsuredGeneral Contractorand found the“subcontractor exception”to the “your work” exclusiondi...

The amendments to the Federal Rules of Appellate Procedure,effective December 1, 2016, arise, for the most part, out of changes in technology.Some of the amendments refine prior Rules that, while taking into account technology, were nevertheless skeptical of its efficacy and reliability. Service by Electronic Means For example, it is now acknowledged that service ...

This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question:When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to lose, please don’t make me spend my client’s money defending, but truly a terrible, horrible, no good, very bad appeal, can you...

Guidelines to Assist an Insurer's Analysis of Whether a Court Will Find an Implied Waiver of the Attorney Client Privilege in Arizona Bad Faith Cases

So Joe, who lives and works in Chicago, has decided that he wasn't getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up for sale.  A buyer is quickly procured, and Joe's listing broker presents him with form entitled "Residential Seller's Property Disclosur...

Isn't the real answer to that question "Yes, sometimes." That's because the source of inspiration is mostly unknown. That is why it can hit you at times that seem unlikely, such as the middle of the night or when you are in the shower.   It is not conscious and sneaks up on you instead. That is why you have to be open to it and embrace it when it comes. I...

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not precedential; it may however be cited for persuasive value subject to various limitations.  April and David Wee...

Video Transcript: What do Creditors Need to Know about Litigation in State Court? When proceeding in state court, or where a company hasn’t filed for bankruptcy protection, there can be many issues. It depends if the creditor has an unsecured debt, meaning there is no collateral, or if the debt is securing, meaning there is collateral. In either case, a cred...

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.”  While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between “fairness” and the “justice” that is doled out by the legal system.&nbs...

You can go it alone, but why? We all need help and guidance. You need to have people to go to with questions, to bounce ideas off of and to sound out ideas. It may be a mentor, a friend, a co-worker, well you get the idea. The key is to have one or more people who you trust to advise you and who you will listen to and consider what they say.   You are th...