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Resources

New Arizona Supreme Court Opinion Significantly Impacts Contracts Providing for the Recovery of Attorneys’ Fees

April 14, 2017 Sacks Tierney Litigation and Appeals
The Court held that statutory language must be applied in determining who the prevailing party is in certain cases involving contractual fee provisions. It is very common for the parties to a written contract to include a [...]
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Ban on Sexual Orientation Discrimination May Affect Arizona Employers

April 8, 2017 Sacks Tierney Employment Law
A federal court has ruled against sexual orientation discrimination in three Midwestern states, and other jurisdictions may follow that court’s lead. On April 4, the U.S. Seventh Circuit Court of Appeals became the first [...]
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Should Res Judicata or Collateral Estoppel Bar Civil Actions or Issues after a Final ROC Decision and Order?

March 20, 2017 Sharon B. Shively Construction Law
Should res judicata or collateral estoppel bar civil actions or issues after a final ROC Decision and Order? This article was prepared in conjunction with Sharon Shively’s March 3, 2017, presentation at “Arizona [...]
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Priority Breaks: New Title Guidelines on Construction Projects

March 20, 2017 Stephen A. Benson Roxann S. Gallagher Banking Law
Participants in construction loan transactions should be prepared for new title underwriting guidelines. If you are engaged in real estate development or construction, or in related financing transactions, you are probably [...]
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Guarantor Waivers of Arizona Anti-Deficiency Protection

March 14, 2017 Stephen A. Benson Real Estate Law
The Arizona Court of Appeals rules that, while borrowers are not permitted to waive anti-deficiency protection, guarantors may do so. While there is relatively little legislative history on anti-deficiency protection, some [...]
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Adverse Possession: Can My Neighbor Take a Portion of My Property?

February 14, 2017 Gregory P. Gillis Real Estate Law
Arizona landowners need to be wary of infringement upon their property to ensure that they do not lose their land through an adverse possession. This article was published in the February 2017 issue of the Scottsdale Airpark [...]
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Sacks Tierney Represents Nine Havasupai Students and the Native American Disability Law Center in Federal Lawsuit

January 23, 2017 David C. Tierney Judith M. Dworkin General
The civil rights action against the federal government alleges failure to provide basic elementary and secondary education to Native American children. On January 12, 2017, in conjunction with lawyers from three other law [...]
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Minimum Wage and Paid Sick Leave: New Arizona Statutes

December 3, 2016 Sacks Tierney Employment Law
Arizona’s latest minimum wage increase, to $12.15 per hour, went into effect January 1, 2021. In the November 2016 election, Arizona voters approved Proposition 206 (the Fair Wages and Healthy Families Initiative), [...]
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Arizona Construction Law 2016: Reported Cases and Statutory Developments

December 2, 2016 David C. Tierney Construction Law
In a busy year for construction law decisions, a recap of 2016 case law and legislative actions. Reported Court Opinions Awarding of Attorney’s Fees. In City of Phoenix v. Glenayre Electronics, Inc., the City of Phoenix [...]
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Arizona Construction Law Practice Manual

November 23, 2016 David C. Tierney Roxann S. Gallagher Steven R. Beeghley General
Six Sacks Tierney lawyers served as chapter authors for the Construction Law Practice Manual, 3rd Ed. 2016, published by the State Bar of Arizona. Purchase the Construction Law Practice Manual at the State Bar website. David [...]
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