Law Blog

You are saying "What? But I want to work to make money." We all work to be able to support ourselves. What I mean is if you focus on doing the best you can, the money likely will follow. If you only focus on money you will try to close deals that shouldn't close or sell something to someone that they don't need. If you are okay with that and the bad karma you dese...

Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas need to be addressed to have an up-to-date employee handbook for Arizona employers. Proposition 203, Arizona Medical Marijuana Act In November...

Don't be envious of others. Just because you think they have a better title or seem to have more money doesn't mean it’s true. The person you view as a "higher up" may hate the position they are in. The person who seems to have money may be living on debt. Not making assumptions is a topic for another day.  Similarly, don't be vindictive. Don't try to g...

PHOENIX, Ariz. (08/16/2017) – Jaburg Wilk is pleased to announce that 12 lawyers have been included in the 2018 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. "For more than a third of the century," says CEO Steven Naifeh, "...

Success doesn’t make you happy – happiness makes you successful.    Numerous studies show that employees who are happy and feel respected at work are significantly more productive and less likely to look for new employment. Unfortunately, many employees are not happy at work. They are fearful of management and/or each other. There is no sense of “team.” ...

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016),[1] despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of Appeals reversed a $1 million award of punitive damages.  In so holding, the Court of Appeals continued Arizona’s trend of...

United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016) The Arizona Court of Appeals (Memorandum Decision), held that a plaintiff’s injury, which occurred approximately one minute after she exited an insured automobile and after she walked approximately ten feet: did not fall within commercial autom...

GEICO Indem. Co. v. Smith, 2016 WL 5791532 (D. Ariz. Oct. 4, 2016) The Arizona District Court (Arizona and Pacific Reporter citations not yet available), held that an Insurer who offers its policy limits as a business consideration, but never concedes coverage, is not liable as a matter of law for an excess judgment against its Insured. In Smith,&nb...

Stafford v. Burns, ---P.3d---,2017 WL 164310 (Ariz.App. January 17, 2017) This is a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline [d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).&r...

Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of whether a court will find an implied waiver of the Privilege: 1.    The mental state of an Insurer must be an issue to impliedly...