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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 I. Introduction The Arizona Supreme...
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 Introduction In Henke v. Hospital...
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 Introduction In Montenegro v....
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...
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 Introduction In Contreras v. Bourke, the Arizona...
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 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 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” 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) Introduction Sanchez v. Maricopa County is a...
“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 & 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 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 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 I. Introduction In Centerpoint...