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...
Off-Road ATV Exclusion Upheld: State Farm Automobile v. Orlando Establishes Definition of “Motor Vehicle” for UMA-Based UIM Coverage 1. Introduction In State Farm Automobile Insurance Company v....
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice Introduction In Sanchez-Ravuelta v. Yavapai, decided May 19, 2025, the Arizona Supreme Court addressed...
Excluding the Arsonist from the Definition of “Occupied Structure” under A.R.S. § 13-1701(2) and § 13-1704 Introduction This case arises from a 2007 Christmas‐night fire that engulfed a pickup truck...
Recoverability of Future Lost Wages of a Child Murder Victim as Restitution Introduction In E.H. v. Hon. Slayton, 2025 Ariz. LEXIS ___, the Arizona Supreme Court addressed whether the future lost...
Defining “In Connection With Your Business” in Non-Owned Auto Insurance Coverage Introduction This case arises from a fatal collision involving Martin A. Montano Jr., an employee of Casas Custom...
Validity of Forged Deeds under A.R.S. § 12-524’s Five-Year Limitations Period Introduction Dominguez v. Dominguez (Supreme Court of Arizona, April 16, 2025) addresses a family dispute over ownership...
Principle of Prosecutorial Competence and Diligence in Charging Decisions Introduction In In the Matter of April Arlene Sponsel, 2025 Ariz. LEXIS ___, the Arizona Supreme Court affirmed a two-year...