Jaburg Wilk

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court…more
| Civil Procedure, Civil Remedies, Business Torts, Personal Injury, Insurance

What Are Fiduciary Duties Between Members In An Arizona LLC?

A few years I wrote an article named Are There Fiduciary Duties between Members in an Arizona LLC? At the time, there were no published decisions in Arizona on this issue. However, a bankruptcy judge had dismissed my client's…more
| Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Business Torts

Right to Sue Letter From the EEOC, Now What?

A Right to Sue Letter was issued from the Equal Employment Opportunity Commission("EEOC") or the Arizona Civil Rights Division ("ACRD"), and you are not sure what to do next. Here are some things to consider…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players who…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

Joint Custody and Legal Decision Making

In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born addicted…more
| Civil Procedure, Family Law

Who Has Child Custody Jurisdiction

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3…more
| Civil Procedure, Civil Remedies, Family Law, International Law & Trade

What you need to know about the new FLSA overtime rules

The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act (“FLSA”). These new rules are expected to affect over 4.2 million employees and will…more
| Labor & Employment Law

Can I Force My Spouse to Give Back the Ring? [Video]

In this video, attorney Jason Castle will answer the age old question of whether you can force a spouse to return the ring…more
| Family Law

Pets and Divorce [Video]

What will happen to my pet during a divorce? Can I get pet visitation after a divorce?…more
| Family Law

Equitable Subrogation and the Replacement Doctrine

All real estate professionals and investors are familiar with the concept of the priority of liens. As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is “superior” to…more
| Bankruptcy, Civil Remedies, Finance & Banking, Real Estate - Residential

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert nearly…more
| Civil Procedure, Civil Remedies, Civil Rights

Can I sell my house while my divorce is pending?  [Video]

Phoenix law firm Jaburg Wilk attorney Jason Castle talks about whether one can sell their house if their divorce is pending. For more information visit www.jaburgwilk.com…more
| Family Law

Disability Discrimination in the Workplace

The Americans with Disabilities Act, as Amended ("ADA"), and the Arizona Civil Rights Act ("ACRA") require employers with 15 or more employees to provide "reasonable accommodations" to employees with a qualifying "disability."…more
| Civil Rights, Labor & Employment Law

The Department of Labor Takes a Stance in Employee Misclassification Cases

In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States…more
| Labor & Employment Law

Issues in Gray Divorces

The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing…more
| Family Law
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Contact: Brenda Edwards, Executive Director

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Areas of Practice
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25-50 Attorneys

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