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Latest from Udall Shumway Blog

There are many types of products that can cause harm to consumers and create liability on the part of a manufacturer.  A “defective product” is a term applied to a product that is designed or manufactured in a way that is unsafe for a particular use.  Motor vehicles and their component parts, such as brakes, tires, etc. may fail.  Or the vehicle may fail to protect the occupants, referred to as  “crashworthiness” defects.  Ever since the iconic Ford Pinto cases, in which the placement of the gas tank led to fire in a collision, the automotive industry has been more…
As we approach hiring season for the 2021-2022 school year, you may consider hiring foreign nationals to teach in your schools. While it’s a common practice, there are potential pitfalls to avoid.   If an applicant states or requests visa sponsorship, we recommend you evaluate their current visa status before making an offer of employment. Evaluating their status requires reviewing their visa history and their current status to determine if the employer can sponsor their visa and whether it is a good business decision. At times, the visa holder may be almost out of H-1B visa time (because there is…
If you are injured in an accident and you are prevented from working, you can get compensation for lost earnings. This usually requires you to present your claim with detailed evidence. When a personal injury includes serious harm and extensive medical treatment, it’s not uncommon for a claimant to temporarily or permanently lose the ability to return to work. When an injured person cannot work either because of physical limitations or emotional trauma, their lost earnings are a component of compensable personal injury damages. The injured person’s earnings must be proven by a preponderance of the evidence if the case…
An owner of a business in Arizona is required to use reasonable care to protect its customers from unreasonably dangerous conditions of which the owner has notice.  (Revised Arizona Jury Instructions (Civil), 6th, Premises Liability 1).  When the business owner fails to take reasonable precautions to avoid dangerous conditions, the business owner can be held responsible for injuries suffered by customers.  These “premises liability” injury cases can arise out of the following common situations: Slippery or wet surfaces Snow and ice on steps Parking lot tripping hazards Uneven surfaces Building code violations during the construction or design of the building…
If you are injured in an accident and you are prevented from working, you can get compensation for lost earnings. This usually requires you to present your claim with detailed evidence. When a personal injury includes serious harm and extensive medical treatment, it’s not uncommon for a claimant to temporarily or permanently lose the ability to return to work. When an injured person cannot work either because of physical limitations or emotional trauma, their lost earnings are a component of compensable personal injury damages. If no personal injury is reached, the injured person’s earnings must be proven by a preponderance…
For many families, the necessity of placing a loved one in a nursing home can be a fraught decision. Feelings of guilt are not uncommon, as well as concern for their well-being – especially now, during the coronavirus pandemic. Visits during the Pandemic There have been many news stories about COVID-19 being spread through nursing and other long-term care facilities. Fortunately, most facilities have gotten such outbreaks under control, and have strict quarantine procedures in place to minimize the chance of infection for residents. Unfortunately, because of the ongoing pandemic there are currently limits on visiting nursing home residents in…
There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
That firm must be a good one if they’re on a billboard, right?  That depends.  Billboard attorneys and firms are usually volume-based and are what some legal commentators refer to as “settlement mills.”  This article will give an overview of these volume-based firms. A volume-based firm needs hundreds or thousands of cases to come through their door every month.  They will rarely turn down a case and they settle cases as soon as possible.  Unfortunately, this sometimes means asking their clients to settle for less to speed up the process.  The reason for this is the economics of running a…
On October 2, the filing fees USCIS charges for many of its applications and petitions will change. The rule change published on August 3, 2020 also removes certain fee exemptions and changes fee waiver requirements. Furthermore, the premium processing time limit is being extended. Filing an application, petition, or request postmarked on or after October 2, 2020 requires the correct new fee or USCIS will reject it. For employers who sponsor workers, the fees are increasing. For example, the fee to sponsor an employee’s L visa is increasing 75 percent. Before the rule change, USCIS charged $460; the new fee…
On October 2, the filing fees USCIS charges for many of its applications and petitions will change. The rule change published on August 3, 2020 also removes certain fee exemptions and changes fee waiver requirements. Furthermore, the premium processing time limit is being extended. Filing an application, petition, or request postmarked on or after October 2, 2020 requires the correct new fee or USCIS will reject it. For employers who sponsor workers, the fees are increasing. For example, the fee to sponsor an employee’s L visa is increasing 75 percent. Before the rule change, USCIS charged $460; the new fee…
In the normal delivery of an infant, the mother’s contractions and voluntary pushing help the baby move through the birth canal to delivery. However, sometimes there are complications that prevent the normal progress of the baby through the birth canal. One such complication is shoulder dystocia. Shoulder Dystocia Injuries are Preventable. Shoulder dystocia is a relatively uncommon occurrence, happening in between 0.5-3% of deliveries. (Gherman, RB. Shoulder dystocia: an evidence-based evaluation of the obstetric nightmare. Clin Obstet Gynecol. 2002 Jun. 45(2):345-62.) This complication occurs in vaginal births when one or both shoulders of the infant becomes impacted or “stuck” against…
THERAPIST ABUSE – DO I HAVE A CASE? author: Fletcher Carpenter This article will help answer your questions about whether you can sue a therapist, psychologist, or other mental health counselor. Therapists, psychologists, and other counselors are generally subject to the same principles of negligence that govern other professionals – so yes, you can sue them for negligence or abuse. In this article, when I use the word therapist, I really mean any mental health professional. The most common form of therapist abuse is sexual abuse. Unfortunately, this is much more common than people realize. It is as old as the…
H4 EAD Rule Updates In the Future? H4 EAD Rule As of now, H4 EADs remain on the Regulatory Agenda for Removal. This means the Federal government is taking the necessary steps to remove the law that allows H4 visa holders to obtain an employment authorization card.   Although removing the rule appears to be a priority of the Trump administration, the good news is it doesn’t appear the rule will be published any time soon. Therefore, H4 EAD holders can continue working and H4 visa holders can apply for initial EADs or renewals, if they qualify. Before we discuss…
Family Law Attorney Jonathan D. Brooks takes a look at Jeff Bezos’ $140 billion divorce What happens when the richest human beings on the planet file to dissolve their marriage in a community property state, when, by all public accounts, they don’t have a premarital agreement? We will likely learn the answer to this question in the coming months (and years). In January, Jeff Bezos publicly announced that he and his wife, MacKenzie Bezos, planned on filing for divorce. Bezos is the founder and CEO of a little company called Amazon. The couple married in 1993 and Amazon was founded…
Family Law Attorney Jonathan Brooks Provides Pointers on How to Protect Your Privacy During Divorce Dissolving a marriage can be an emotional rollercoaster and the process can bring out the worst in a spouse. With that in mind, it is imperative to take proactive measures to ensure that your privacy is protected and that you don’t become a victim of digital spying. Attorney Jonathan Brooks shares how to protect your privacy during divorce. In this day and age, there are many tools available to a controlling spouse to assist them with digital spying, tracking their spouse’s location, or recording private…