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Unless a change is made to design/build contracts, the owner may have a windfall when there are errors in the design. Design/build contracts require the contractor, as the design/builder, to hire qualified design professionals to prepare the construction documents. The design/builder is to provide and pay for all design services, as well as the labor, […]
On July 8, 2020 in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court in a 7-2 decision held that the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) generally do not limit religious organizations’ employment decisions because of the “ministerial exemption.” In 2012, the Court created this […]
Large and small construction projects have and will continue to perform well with workers and management following CDC and OSHA protocols. If you have been considering building, these 12 tips will reduce your risks, whether during the pandemic or otherwise. As world supply chains and local labor supply may delay “on time” performance, being diligent […]
On December 1, 2006, the Federal Rules of Civil Procedure were modified in order to address e-discovery issues. The Arizona Supreme Court has followed suit by adopting new e-discovery rules that became effective on January 1, 2008. The changes adopted by the Arizona Supreme Court modernize the old rules and specifically address e-discovery. E-discovery is […]
In light of Arizona’s spiking coronavirus infection numbers, Governor Doug A. Ducey issued Executive Order 2020-43, Pausing of Arizona’s Reopening, Slowing the Spread of COVID-19. The Executive Order provides the following: No Public Events of more than 50 people unless approved by a city, town, or county, and only if adequate safety precautions are implemented […]
An injury that occurs because of a “never event,” a hospital-acquired condition or a serious reportable incident not only defeats the expectation of medical care and causes injury, but it may also be actionable. In healthcare settings the terms “never event,” serious reportable event or hospital-acquired condition are used to describe a series of medical […]
Following the United States Supreme Court determination that federal law prohibiting employment discrimination “because of … sex” (Title VII) necessarily prohibits employment discrimination against LGBT employees, it was unclear how Arizona would interpret Arizona’s Civil Rights Act that similarly protects workers from discrimination “because of … sex….” Historically, Arizona courts have looked to interpretations […]
Many Ninth Circuit courts, including Arizona Bankruptcy Courts, have relied on previous Ninth Circuit decisions primarily In re Lowenschuss and In re American Hardwoods, Inc. to prevent a bankruptcy plan from impacting obligations of non-debtors. However, the Ninth Circuit in Blixseth v. Credit Suisse allowed for an exculpation clause that protected certain non-debtor parties from […]
A bankruptcy court in the Eastern District of North Carolina took a first and important step to effectuate the purpose of the Small Business Reorganization Act (“SBRA”) to make chapter 11 reorganization affordable for small businesses by denying a trustee’s request for counsel as a matter of course, thereby limiting expenses to the debtor’s […]
1. Your decision: Burial or Cremation One of the most difficult decisions an individual may face is whether to be buried or cremated after death. In many instances, this decision is left up to a loved one. Consider the relief a family receives when one creates the appropriate estate planning documents and makes the decision […]
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