Bench trials are common but rarely discussed in this column. These cases often involve complex, technical issues in which it becomes obvious as the case develops at trial that the judge needs to be better informed on an essential topic in the litigation. If this situation (amongst others) presents itself, a tri-pellate lawyer can offer […]
Arizona voters passed a proposition imposing minimum wage increase. The increase has a unique impact on the Arizona agriculture industry. Many agriculture commodity prices have been stagnant for years as costs increased. The minimum wage law simply imposed another cost increase. Prior to January 2017, the Arizona minimum wage was $8.05 per hour. The proposition […]
Recent statistics show that just over one-third of households in the United States (36.5%) own a dog. Arizona, however, has the highest percentage of dog owners with almost half (47.9%) of homeowners in this state owning a dog. Most of those households, in fact, own more than one dog. Most people, however, do not consider […]
For many, the costs of prescription coverage are significant. As we anticipate post-election changes in the Patient Protection and Affordable Care Act (“PPACA”), a review of key principles surrounding prescription drug coverage is timely. Insurance assistance for costs of prescription drug coverage will typically come through a commercial insurance policy, through Medicare or AHCCCS, or […]
He looked at her with a certain longing. He saw the way she looked at him over the last two weeks since they met. He knew there was something there between the two of them. She was definitely giving him those “certain” looks. Finally, he decided to move on his “gut” feeling. So the next […]
Veterans’ Disability Claims For most of the 20th Century, the largest independent agency in the United States, the U.S. Veterans Administration (now called the U.S. Department of Veterans Affairs or the “VA”), operated free from judicial oversight. This unique status lasted until the Veterans Judicial Review Act of 1988 (the “VJRA”). As the House Committee […]
The Arizona “Prompt Pay Act” requires an owner of a construction project to send a detailed, written objection to the contractor within 14 days of receipt of the contractor’s billing or the pay application is deemed “approved.” A written objection must identify the factual dispute and at least one of the following: Unsatisfactory job progress; […]
In construction, typically an owner contracts with a general contractor, and then the general contractor contracts with subcontractors who actually perform the work. The owner in most projects will not have any contractual relationship with a subcontractor. So, if a subcontractor negligently performs work and damages the owner, the owner asserts a claim against the […]
Construction meetings serve many important purposes on a job site. Not only do these meetings allow parties to discuss and coordinate upcoming project activities, but they provide a forum in which the parties can discuss project changes and claims. Parties to a construction contract should be encouraged to hold regular construct meetings. And just as […]
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