Often misunderstood by state and federal courts (and lawyers), the Economic Loss Doctrine (the “Doctrine”), as enunciated in 2003, precludes an aggrieved party from recovering economic damages in tort unless accompanied by physical harm in the form of personal injury or secondary property damage.Its purpose has been to distinguish contract claims (with only pecuniary injury) …
$3,843,041.93.This was the initial verdict–including punitive damages–for Lilly Ledbetter in her Title VII lawsuit against former employer, Goodyear Tire & Rubber (See our Winter 2007 Newsletter).Lilly began working for Goodyear in 1979.Her pay was comparable to her male counterparts. When she later received poor performance evaluations because of unlawful gender discrimination, her pay dropped in …
Arizona is a “RIGHT TO WORK” state. What does that mean; and more importantly, what doesn’t it mean? First, it should not be confused with being an “at-will employment” state, which applies to all states except Montana, and means that, if not illegal to do so and some other exception does not apply, employers and …
“LOW HANGING FRUIT.” That is what local attorneys are calling their pickings when their clients have not been paid in strict accordance with the Fair Labor Standards Act. If you think your company is safe, think again. MINIMUM WAGE AND OVERTIME PAY FOR MORE THAN A 40-HOUR WORKWEEK. These are the basic requirements. Unless a …
Last year our legislature unanimously passed the new Arizona Trust Code (the “ATC”), which for the most part became effective January 1, 2009.Supplemental legislation, effective September 30, 2009, has made technical corrections to and clarified the ATC, and made other additions not in the original bill.David L. Case, one of the authors of this short …
