Law Blog

In a decision issued on December 27, 2011, the Arizona Court of Appeals held that Arizona's anti-deficiency statute applies to debtors who purchase vacant land with the intent to reside on the property upon completion of construction of a home even if they do not complete construction or actually occupy the property. In M&I Marshall & Ilsley Bank v. Muelle...

Video Transcript Hi, my name is Mark Bogard. I'm a partner with Jaburg & Wilk and my practice areas are focally and construction law and administrative law. What is a Stop Notice? In Arizona if you have mechanics lien rights, as a rule of thumb you have the right to issue what's called a stop notice. A stop notice is essentially a lien on money as opposed ...

Arizona's Medical Marijuana Act, (the "Act"), A.R.S. §36-2810, was effective January 1, 2011. Many employers did not know how to incorporate the Act into their existing drug-free workplace policies. The Act prohibits an employer from discriminating against an employee because he or she is a registered medical marijuana user, but neither the Act nor the ADHS re...

For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing public services. The Arizona Notice of Claim Statute was enacted in 1994, and it has been a trap for the unwary ever since. The Notice of Claim St...

In a recent decision, the Arizona Court of Appeals, Division One, issued a ruling moving the burden of proving reasonableness of attorneys' fees sought by a successful party to the applicant.   The underlying contract contained a fee shifting provision. In Geller v. Lesk,  P.3d 2012, 2012 WL 4364241 (App. Sept. 25, 2012), the Court of Appeals  held that even wh...

You may have heard that Arizona is an "at will" state. It is. This means that employees work at "the will" of the employer. Just as employees can keep working or resign if they wish, employers can terminate employees for a good reason or even for no reason. Employers get in trouble, however, when they fire employees for "bad" reasons. Some bad reasons are obvious....

No doubt being overweight can pose a health problem. But is it a protected disability under the Americans with Disabilities Act of 1992 (ADA) that bars employers from discriminating against employees or prospective employees who are obese? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can...

If it hasn't happened to your company yet, it will. One of your employees may post a disparaging remark on-line about the company, company practices or a member of management.  The employee may even use profanity in the posting. However, before you react and fire the employee you should know that, depending on the nature of the posting, the employee may be en...

While developing a business succession plan is essential for every business, it is often lost in the day to day focus of business operations. It is vital for family owned or closely held businesses to have a clear, concise and documented succession plan. Family owned businesses may provide unique challenges. Typically, the founders would like to pass the business t...

If you were a married couple living Arizona, you had three options as how to hold the title to real property in Arizona.  The choices were: community property, joint tenants with right of survivorship ("JTWROS") and tenants in common. Now, under A.R.S. § 33-431, there is a fourth option - community property with right of survivorship ("CPWROS"). Histor...