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  • Commentaries
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Arizona Case Commentaries

No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

Date: Dec 9, 2025
No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause I. Introduction In Knight v. Fontes, CV-24-0220-T/AP (Ariz. Dec. 4, 2025), the Arizona...
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

Date: Nov 29, 2025
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law I. Introduction The Arizona Supreme...
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Date: Nov 29, 2025
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine I. Introduction In Henderson v. Hon. Moskowitz / Sullivan, No....
Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice

Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice

Date: Oct 23, 2025
Clear-and-Convincing Is a Standard, Not an Element: Henke v. Hospital Development of West Phoenix Recalibrates Causation Proof in Arizona Emergency-Room Malpractice Introduction In Henke v. Hospital...
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law

Date: Oct 8, 2025
Locked Bedrooms as “Residential Structures”: Arizona Supreme Court Recognizes Nested Castles and Limits Co‑Occupant Invitations in Justification Law Introduction In State of Arizona v. John Logan...
Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes

Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes

Date: Sep 30, 2025
Delegation as Injury: Arizona Supreme Court Recognizes Legislative Standing to Challenge Voter‑Enacted Agency Powers and Clarifies VPA Limits in Montenegro v. Fontes Introduction In Montenegro v....
Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed

Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed

Date: Sep 24, 2025
Personal Waiver Required for Plea-Stage Ineffective Assistance Claims; Stewart’s Automatic Preclusion Disavowed Introduction In State of Arizona v. Michael Eugene Traverso, the Arizona Supreme Court...
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives

Date: Sep 13, 2025
Gross Negligence Is Not a “Reasonable Alternative”: Arizona’s Anti‑Abrogation Clause Invalidates Pandemic Immunity for Ordinary Medical Negligence, but a Clear‑and‑Convincing Burden Survives...
Arizona Supreme Court: General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs

Arizona Supreme Court: General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs

Date: Sep 5, 2025
General Anti‑Assignment Clauses Do Not Bar Assignment of Accrued Implied‑Warranty Claims to HOAs Introduction In Pointe 16 Community Association v. GTIS-HOV Pointe 16, LLC, the Arizona Supreme Court...
“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal

“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal

Date: Aug 22, 2025
“Once Recused, Still Disqualified”: Arizona Supreme Court Requires Disclosure and Opportunity to Object Before a Judge Re‑Enters a Case After Recusal Introduction In Contreras v. Bourke, the Arizona...
No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively

No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively

Date: Aug 21, 2025
No Judicial Preapproval for Refilling Charges After NCNR; Dangerousness Trials Require Pending Charges and Apply Retroactively Introduction In a consolidated decision arising from a protracted...
Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures

Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures

Date: Aug 13, 2025
Smith v. Fontes: Cementing the “Exactly-15 %” Initiative Signature Standard and Barring Double-Counting of Invalid Signatures Introduction Smith v. Fontes, decided by the Arizona Supreme Court on 6...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

Date: Aug 7, 2025
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative”

Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative”

Date: Jul 31, 2025
Roundtree v. Page: A New Standard for Determining When a Municipal Initiative Is “Legislative” Introduction Roundtree v. Page, decided by the Arizona Supreme Court on 30 July 2025, addresses the...
“Sheriff-Not-County” Rule: Arizona Supreme Court Re‐draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025)

“Sheriff-Not-County” Rule: Arizona Supreme Court Re‐draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025)

Date: Jul 23, 2025
“Sheriff-Not-County” Rule: Arizona Supreme Court Re-draws the Map of Vicarious Liability and Notice-of-Claim Practice (Sanchez v. Maricopa County, 2025) Introduction Sanchez v. Maricopa County is a...

        “Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations

“Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations

Date: Jul 23, 2025
“Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations 1. Introduction In In Re Termination of Parental Rights as to B.W., the Arizona...
“Reasonable Certainty” Re-defined:  McAlister v. Loeb & the Recoverability of Lost Profits in Prospective Licensing Transactions

“Reasonable Certainty” Re-defined: McAlister v. Loeb & the Recoverability of Lost Profits in Prospective Licensing Transactions

Date: Jul 23, 2025
“Reasonable Certainty” Re-defined: McAlister v. Loeb & Loeb, LLP Arizona Supreme Court (2025) Introduction McAlister v. Loeb & Loeb, LLP is a pivotal 2025 decision from the Arizona Supreme Court...
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

Date: Jul 16, 2025
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care Commentary on PUSD 210 v. Hon. Sinclair / Lucero, CV-24-0307-PR (Ariz. Jul....
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

Date: Jul 13, 2025
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees 1. Introduction In In the Matter of the...
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

Date: Jun 11, 2025
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments I. Introduction In Centerpoint...
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