Arizona Case Commentaries

Non-Signatory Biological Fathers May Bring an Independent § 25-803 Paternity Action Despite an Existing AOP; Courts Must Apply § 25-814(C) to Competing Presumptions

Date: Sep 16, 2026

Non-Signatory Biological Fathers May Bring an Independent § 25-803 Paternity Action Despite an Existing AOP; Courts Must Apply § 25-814(C) to Competing Presumptions I. Introduction Case: TYLER STRANG...

State Bar Charges as Predicate “Civil Proceedings” for WICP; Privilege Is Not Complainant Immunity; Commencement Under Rules 55 and 78

Date: Sep 12, 2026

State Bar Charges as Predicate “Civil Proceedings” for WICP; Privilege Is Not Complainant Immunity; Commencement Under Rules 55 and 78 Case: ACCURSIO v. TREE HOUSE LABS, LLC (Ariz. Sept. 10, 2026)...

Arizona Clarifies § 8-533(B)(2): Past Neglect Proves the Termination Ground; Reunification Services Belong in Best Interests

Date: Sep 3, 2026

Arizona Clarifies § 8-533(B)(2): Past Neglect Proves the Termination Ground; Reunification Services Belong in Best Interests Case: IN RE TERMINATION OF PARENTAL RIGHTS AS TO M.P. (Ariz. Sept. 1,...

Arizona Defines “Fortuitous Loss” by the Insured’s Knowledge: Non-Fortuity Requires a Known, Ongoing, or Certain Loss with No Material Contingency

Date: Sep 3, 2026

Arizona Defines “Fortuitous Loss” by the Insured’s Knowledge: Non-Fortuity Requires a Known, Ongoing, or Certain Loss with No Material Contingency 1. Introduction Industrial Park Center, LLC d/b/a...

ALLER v. STATE (Ariz. Aug. 24, 2026) Commentary

Date: Aug 26, 2026

New Arizona Rule: Former Defendants Must Show “Particularized Need” to Use Lawfully Obtained Grand Jury Transcripts in Related Civil Suits Case: ALLER v. STATE, Supreme Court Of The State Of Arizona...

ALLER v. STATE (Ariz. 2026) Commentary

Date: Aug 26, 2026

Grand Jury Secrecy After Dismissal: “Particularized Need” Governs a Former Defendant’s Civil Use of Transcripts, with Mandatory In Camera Review and Tailored Use Conditions I. Introduction In ALLER...

Two-Step Gatekeeping for “Claimed Board-Certified” Specialties and Alleged Care-at-Issue Under A.R.S. § 12-2604

Date: Aug 26, 2026

Two-Step Gatekeeping for “Claimed Board-Certified” Specialties and Alleged Care-at-Issue Under A.R.S. § 12-2604 1. Introduction AROJOJOYE v. ALLEN is an Arizona Supreme Court decision addressing...

§ 12-2604 Requires Courts to Identify the Alleged “Care or Treatment at Issue” and to Scrutinize Claimed Board-Certified Specialties (Including Majority-Time Practice)

Date: Aug 24, 2026

§ 12-2604 Requires Courts to Identify the Alleged “Care or Treatment at Issue” and to Scrutinize Claimed Board-Certified Specialties (Including Majority-Time Practice) 1. Introduction AROJOJOYE v....

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A)

Date: Aug 1, 2026

First Amendment Bars Factfinder Review of Clergy’s Doctrinal “Reasonable and Necessary” Determination Under A.R.S. § 13-3620(A) I. Introduction DOE v. THE CORPORATION (Ariz. July 30, 2026) addresses...

Post-Default Conduct Cannot Waive Defective Service or “Unvoid” a Void Entry of Default (Arizona)

Date: Aug 1, 2026

Post-Default Conduct Cannot Waive Defective Service or “Unvoid” a Void Entry of Default (Arizona) Introduction McMahan v. Grasshopper Trans, Inc. (Ariz. July 30, 2026) addresses a recurring...

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units

Date: Jul 31, 2026

HADA Authorizes HOA “Implied-Warranty-Type” Construction-Defect Actions for Common Areas and Member-Owned Units Introduction Gallery Community Association v. K. Hovnanian at Gallery, LLC, et al....

Arizona Rule: Permanent Crops Are Valued With Agricultural Land Under § 42-13101; Agency Manual Cannot Impose Separate Market Valuation

Date: Jul 27, 2026

Arizona Rule: Permanent Crops Are Valued With Agricultural Land Under § 42-13101; Agency Manual Cannot Impose Separate Market Valuation 1. Introduction Case: A & P RANCH LTD v. COCHISE COUNTY (Ariz....

Arizona’s EPM Is Outside APA Rulemaking When § 16-452 Supplies an Alternative Process “Otherwise Provided by Law”

Date: Jul 21, 2026

Arizona’s EPM Is Outside APA Rulemaking When § 16-452 Supplies an Alternative Process “Otherwise Provided by Law” 1. Introduction Case: REPUBLICAN NATL COMMITTEE v. FONTES (Ariz. July 17, 2026)....

Attorney-Client Privilege and Third Parties: Objective Necessity, Proponent’s Burden, and Prospective Correction of Accomazzo

Date: Jul 20, 2026

Attorney-Client Privilege and Third Parties: Objective Necessity, Proponent’s Burden, and Prospective Correction of Accomazzo Case: GELVIN v. HON. PARKER/GELVIN (Arizona Supreme Court) Date: July 17,...

Goldwater v. Phoenix: No Rigid “Probability of Harm” Element Under Carlson; Appellate De Novo Rebalancing and In Camera Review for Negotiation-Stage Public Records

Date: Jul 20, 2026

Goldwater v. Phoenix: No Rigid “Probability of Harm” Element Under Carlson; Appellate De Novo Rebalancing and In Camera Review for Negotiation-Stage Public Records 1) Introduction In GOLDWATER v....

Maywald v. Toyota: Arizona Reaffirms Two Independent Elements in Strict Products Liability and Narrows Risk/Benefit Analysis to the Challenged Design

Date: Jul 9, 2026

Maywald v. Toyota: Arizona Reaffirms Two Independent Elements in Strict Products Liability and Narrows Risk/Benefit Analysis to the Challenged Design 1) Introduction Parties. Plaintiffs/Appellants...

Joint Named Insureds Are “One Insured” Under A.R.S. § 20-259.01(H) for UM/UIM Anti-Stacking Limits

Date: Jul 7, 2026

Joint Named Insureds Are “One Insured” Under A.R.S. § 20-259.01(H) for UM/UIM Anti-Stacking Limits Introduction In STATE FARM v. BALZAN (Ariz. July 6, 2026), the Arizona Supreme Court resolved a...

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause

Date: Jul 2, 2026

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause I....

Improper-Conduct Limits on Unjust Enrichment: Wang Electric Confined to Tenant Improvements; Owners Who Arrange Improvements and Pay No One Face Restitution Without Privity

Date: Jun 18, 2026

Improper-Conduct Limits on Unjust Enrichment: Wang Electric Confined to Tenant Improvements; Owners Who Arrange Improvements and Pay No One Face Restitution Without Privity I. Introduction In MARKHAM...

Conflicting Provocation-Manslaughter Instructions and Verdict Forms Constitute Fundamental, Prejudicial Error

Date: Jun 2, 2026

Conflicting Provocation-Manslaughter Instructions and Verdict Forms Constitute Fundamental, Prejudicial Error I. Introduction In STATE OF ARIZONA v. RICKY ALONZO HIPPENSTEEL (Ariz. June 1, 2026), the...