12.2.1 Termination in Violation of a Written Contract 12.2.2 Termination in Violation of an Arizona Statute 12.2.3 Retaliation for Refusing to Violate Arizona Statute 12.2.4 Right to Continued Employment for Public Employees 12.5.1 False Light Invasion of Privacy 12.5.2 Public Disclosure of Private/Embarrassing Facts 12.5.3 Intrusion Upon Seclusion 12.7 Defamation 12.7.1 Employer’s Vicarious Liability 12.7.2 Compelled Self-Publication 12.7.3 Defense of Privilege 12.7.4 Inter-Corporate Privilege 12.7.5 Intra-Corporate Privilege 12.7.6 Privilege for Reports of Sexual Harassment 12.7.9 Consent 12.8 Aiding and Abetting 12.8.1 Failure to Discipline as Aiding and Abetting 12.9.1 As Distinguished from Aiding and Abetting 12.9.2 Employer and Employee as Co-Conspirators 12.9.3 Conspiracy in Derogation of Right to Work 12.9.4 Conspiracy to Lure Away Competitor’s EmployeesTable of contents
12.1 Chapter Scope
12.2 The Arizona Employment Protection Act
12.3 The Covenant of Good Faith and Fair Dealings in the Employment Context
12.4 Intentional Infliction of Emotional Distress
12.5 Invasion of Privacy
12.5.4 Commercial Appropriation of Name or Likeness
12.6 Interference with Business Relations
12.6.1 Individual Supervisor’s Liability
12.6.2 Exemplar Fact Patterns
12.7.7 Judicial and Quasi-Judicial Privileges
12.7.8 Other Privileges
12.8.2 Inducing Breach of Employee’s Duty of Loyalty
12.9 Conspiracy
| Format | Title | File Size | Page Count |
|---|---|---|---|
| Employment Torts | 317.44 KB | 38 | |
| Employment Jury Instructions | 235.52 KB | 18 |
John Wittwer is a Senior Member of The Cavanagh Law Firm in Phoenix, Arizona. He practices primarily in the areas of complex commercial litigation, insurance coverage and bad faith, professional liability, and cybersecurity. Mr. Wittwer has successfully represented a wide range of clients from startups to Fortune 500 companies in matters involving complex business litigation, insurance coverage, professional liability, theft of trade secrets, breach of contract, fiduciary duty, bad faith, punitive damages, HIPAA breaches, employee restrictive covenants (including confidentiality, non-solicitation, and anti-piracy agreements), fraud, consumer fraud, cyber insurance, data breaches, and ransomware. Mr. Wittwer has been named a Southwest Super Lawyer®, Best Lawyers in America, and a PHOENIX Magazine Top Lawyer.
Steven Gross is a litigator and has extensive experience handling complex insurance coverage, professional liability, and catastrophic personal injury defense matters. Mr. Gross serves as national and regional coverage counsel for two large insurance carriers and has appeared in state and federal courts in Arizona, California, Kansas, Oklahoma, New Jersey, New Mexico, Colorado, Nevada, Alaska, Georgia, Louisiana, Virginia, Pennsylvania, Connecticut, Virginia, South Dakota, South Carolina, North Carolina, Utah, and California. Mr. Gross speaks and writes frequently on insurance law topics and has been recognized by Best Lawyers in America since 2019 in the areas of Insurance and Insurance Litigation. He is a contributing author for Couch on Insurance 3d, a nationally recognized authoritative treatise on insurance law often recognized and relied upon by courts and attorneys throughout the United States. He is also authored chapter 9 of Practical Tools for Handling Insurance Cases which aims to filter complex insurance coverage issues into an easily readable and digestible format for attorneys across the country and is published by West in 2011. Mr. Gross is one of the two managing authors and editors selected by the Arizona State Bar to create the Arizona Tort Law Handbook which has sold hundreds of copies to lawyers throughout the State of Arizona. He has published over twenty articles relating to insurance coverage, liability defense, and claims practices including chapter eight of the national Claims Adjuster’s Automobile Liability handbook published by West in 2009. He has been listed by Southwest Super Lawyers since inception and maintains an AV Preeminent rating with Martindale-Hubbell. Mr. Gross maintains an active CPCU “Chartered Property and Casualty Underwriter” certification through The Institutes.
DANIEL MALDONADO is a co-author on Couch on Insurance 3d. His practice involves the analysis and litigation of complex insurance coverage issues, including both personal and commercial lines, complex bad faith claims, and the investigation and litigation of complex employment discrimination matters for private and public employers.
is a senior member of The Cavanagh Law Firm in Phoenix where he maintains a national insurance coverage and extra-contractual defense practice. He has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D and has written other treatises on insurance law. He has published in excess of 350 law reviews and other professional publications on insurance law, in addition to several national insurance law treatises. He has been cited by the Supreme Courts of 34 states, the Intermediate Appellate Courts in 23 states, 12 of the Federal Circuit Courts of Appeal, 60 Federal District Courts, and the Federal Court of Claims. He has been cited in 95 scholarly articles. He has been continuously listed as a top 50 lawyer in Arizona (2007-2020) by Southwest Super Lawyers®. Only a few lawyers have been continuously on the list since its inception. He is recognized as a "Business Leader" (insurance) by Arizona Business Magazine and has been listed by Arizona Business Magazine as one of the top 100 lawyers in Arizona. Mr. Plitt has been listed in Best Lawyers® since 2007 (10+ years) (insurance) and was named the Insurance Lawyer of the Year by Best Lawyers® in 2012 and 2017 for Phoenix. He is also listed in Best Lawyers for the topic "Litigation - Insurance," and was the Lawyer of the Year in this category in 2020. He is a Fellow in the American College of Coverage and Extra-contractual Counsel. He is a Member of the American Law Institute where he was a consultative member on the development of the Restatement of Liability Insurance. He is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in hundreds of cases venued in 33 states. He is a former adjunct Professor of Law at ASU College of Law teaching insurance law. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.