Recovering attorneys’ fees not automatic; David McDowell, Rose Law Group Partner and Director of Litigation Department, discusses recent AZ Supreme Court Decision

By David McDowell | Partner and Director of Rose Law Group Litigation Department Receiving a judgment in your favor at trial does not automatically make you the prevailing party for the purpose of recovering your attorneys’ fees under the recently decided Arizona Supreme Court case of American Power Products, Inc., v. CSK Auto, Inc. On March 23, 2017, the Arizona …

Court nixes development deal with space tourism, research firm in southern Arizona; Evan Bolick, Rose Law Group Litigation attorney, who works on gift clause compliance issues, comments

By Mike Sunnucks | Phoenix Business Journal A court in Tucson has nixed an economic development and real estate deal between Pima County and a space tourism and scientific research firm that uses high-altitude balloons to get into Earth’s stratosphere. Pima County Superior Court Judge Catherine Woods sided with the Phoenix-based Goldwater Institute, which had challenged a deal between Pima …

In a Book, an Ex-N.F.L. Player Details Consequences of Concussions; Lauren Nageotte, Rose Law Group Litigator, representing numerous NFL players, weighs in

By Ken Belson | The New York Times MINNEAPOLIS — Getting readers to spend $25 on a book about athletes and concussions can be a hard sell. The topic isn’t uplifting, and the biggest audience for sports books — people who are fans — typically prefers to read about famous coaches and players. Yet Ben Utecht, a tight end who …

Congress hears appeals to fix dysfunctional appraisal system; Adam Martinez, Chairman of Rose Law Group real estate litigation department provides insight

By Jann Swanson | Mortgage News Daily The House Financial Services Subcommittee on Housing and Insurance recently held a hearing on “Modernizing Appraisals: A Regulatory Review and the Future of the Industry.” According to the committee memorandum, the hearing was called to “Examine the appraisal industry since the creation of the Appraisal Subcommittee in 1989, review the Dodd-Frank Act’s impact …

Adam Martinez, Chairman of Rose Law Group Real Estate Litigation Department, explains Arizona Court of Appeals HOA director decision

By Adam Martinez | Chairman of Rose Law Group Real Estate Litigation Department The Arizona Court of Appeals on Wednesday reversed a trial court’s decision that permitted an HOA to exclude a rogue board director from executive board meetings. After the rogue director received an email from a former employee that accused a current employee of misconduct, the board met in an …

Second-hand asbestos exposure not actionable in Arizona, court rules; Evan Bolick, Rose Law Group litigation attorney, comments

By Howard Fischer | Capitol Media Services via Arizona Capitol Times Arizona companies have no duty to protect family members from exposure to toxic materials their employees bring home on their work clothes, the state Court of Appeals ruled Tuesday. In the first ruling of its kind in Arizona, the judges rejected the contention of survivors of Ernest Quiroz that …

Big-box stores battle local governments over property taxes; value of property a challenge for assessors, says Rose Law Group litigator Evan Bolick

The retailers are deploying a ‘dark store’ strategy that’s hurting cities and counties around the country. By Liz Farmer | Governing On Michigan’s sparsely populated Upper Peninsula, big-box stores are a modern necessity. Where towns are spaced far apart and winters are long, one-stop shopping to load up on supplies adds a crucial convenience to what can be — at …

Valley businesses question nonprofit’s ADA lawsuit ‘scheme,’ lawsuits will continue, says Adam Martinez, Chair of Rose Law Group real estate litigation department who is handling many ADA defense suits

By Steven Totten | Phoenix Business Journal The recent controversy surrounding Valley businesses, a recently formed nonprofit and a number of lawsuits is seeing no signs of slowing. Several businesses in metro Phoenix — including mom-and-pop shops, Paradise Valley Mall and CVS Pharmacy — have found lawsuit notices in their mailboxes from Advocates for Individuals with Disabilities, a recently formed …

Americans with Disabilities Act wheelchair compliance in an aging nation

By Jonathan Udell | Law Clerk at Rose Law Group Just as Arizona found itself awash in a wave of Americans with Disabilities Act (ADA) compliance lawsuits, the U.S. Census Bureau released some sobering news. The number of people in wheelchairs is poised to grow, and quickly. By 2020, for the first time ever, there will be more people 65-years …